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

This form has to be notarized. The city usually has notaries available during working hours, call ahead to make sure. The city will use this form to register you with DOPL when the permit is issued. The registration will be done automatically by the city. You do not need to do the registration yourself. Please see the following link for the Utah State Laws regulating Owner-Builder. Once you open this link, scroll down to 58-55-305 Exemptions from licensure (http://le.utah.gov/xcode/Title58/Chapter55/58-55.html).

If you have further question regarding the owner-builder declaration or State laws governing contractors, contact DOPL at (801)530-6628, toll free at (866)275-3675 or www.dopl.utah.gov. Note: It is illegal to declare owner-builder on any commercial project.
 
Jane said:
So the quest continues and I'm picking your expert brain again! I need to know where to find the Utah State law that encompasses the quote from our local newspaper "According to Utah state law, if there is a contractor on the job, it is his or her responsibility to get the permits and handle the inspections. It is important to understand that “if you hire a contractor and take out the permits yourself, you are liable for the work being done to code and not your contractor,” according to Salt Lake City’s building services website. “This means that if there are corrections to be made in the work, we come back to you, not your contractor. If you hire a contractor, make sure that he takes out the permit and has the inspections done.”

Any help would be appreciated :)
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Thinking about the statement, I want to say this is common practice,

The person or company that obtains the permit, is responsible for it and any inspections required.
 
The Division of Occupational and Professional Licensing: The Division licenses Utah's contractors by requiring them to have experience, pass an examination, and establish a degree of financial responsibility.

By law, the Division is authorized to investigate a number of illegal and unprofessional acts. If found guilty, fines may be imposed and the contractor's license may be suspended or revoked.

Contact the Division's Bureau of Investigations at 530-6504 if you suspect any of the following violations or click here to access our on-line complaint form:

  • The unlicensed performance of jobs exceeding $1,000 in value including materials (no matter who purchases them) and labor
  • Failure to pay for materials and labor within 120 days of payment
  • Failure to complete a project without the consent of the owner
  • Willful or material departure from the building plans and specifications
  • Failure to comply with a lawful order of a building inspector which jeopardizes the public health, safety, and welfare
  • Any willful, fraudulent, or deceitful act by a contractor which causes material injury to another or jeopardizes the public health, safety, and welfare
  • Failure to pay taxes or unemployment insurance or to provide workers' compensation insurance for employees.





    https://dopl.utah.gov/licensing/contracting_avoid_costly_mistakes.html
 

Is the person listed licensed????


Choosing a Contractor

Utah state law requires all contractors and subcontractors doing work in the state to be licensed by the Utah Department of Commerce. Therefore, it is important that you hire only licensed professionals to work on your building project. In addition, consider the following tips during your selection process:

 
cda said:
Is the person listed licensed????


Choosing a Contractor

Utah state law requires all contractors and subcontractors doing work in the state to be licensed by the Utah Department of Commerce. Therefore, it is important that you hire only licensed professionals to work on your building project. In addition, consider the following tips during your selection process:

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Long time with no posts...as litigation approaches I have a question and I know you're better at finding this stuff than me. I saw somewhere that If the structure is YOUR primary residence (the one you reside in), you may take out the permits. If this is a rental or commercial property, you will need to have a contractor obtain the permits and do the work required." in the state of Utah but now I can only find it for SLC. I managed to get the top land expert in Utah (the guy that wrote the books on land law in the state) to write an opinion which states that the deck should never have been permitted so now I'm trying to get all the documents in a folder before the BOA hearing. I need everything in the folder or I can't use it in court. Can you help me find this again?
 
First answer is call the state and ask if true

and if true where is it written


Will try to look, not sure if that applies in this case??
 
cda said:
First answer is call the state and ask if true

and if true where is it written


Will try to look, not sure if that applies in this case??
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I know it's true for SLC but I'm sure I saw it in IBC and IRC. I just can't find it now and I'm doing as much of the legwork as possible to save on attorney fees. If you can find it that would be great :)
 
cda said:
Thinking about the statement, I want to say this is common practice,

The person or company that obtains the permit, is responsible for it and any inspections required.
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Turns out no inspections were ever done and the report from the zoning expert shows that the deck is in complete violation of zoning code. It should never have been approved...now the quest is on to get rid of it. I'm guessing the Senator will be very annoyed! Fingers crossed justice prevails.
 
The SLC FAQ says:

"Can I obtain the permit myself?

If the structure is YOUR primary residence (the one you reside in), you may take out the permits. If this is a rental or commercial property, you will need to have a contractor obtain the permits and do the work required. If the work being done can be considered general maintenance or repair under $1000 in valuation, an owner may obtain the permit. General maintenance does include roofing, but does not include anything structural, i.e., cutting in a new window, putting up taking down a structural load bearing wall. The best way to determine if the work is general repair/maintenance or goes beyond this scope is to call the office and speak to a plans examiner."

I'm looking to find if this is statewide as it is not his primary residence and his renter pulled the permit.
 
e hilton said:
Just a thought ... if you want to throw out an olive branch at the last minute ... tell them it does not have to be removed, just brought into code compliance.
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I have told them that from day 1 and my neighbor told me to sue him. Since they wouldn't work with me I had to get a zoning expert and it turns out that no decks are allowed except the ones that were approved in the original PD. That was never what I wanted - I would have been happy if they had just conformed with the setbacks that would be in place if the PD had normal sized yards.
 
This appears to be the last code adoption cycle, but more than likely reads the same as the current::::

15A-1-204 Adoption of State Construction Code -- Amendments by commission -- Approvedcodes -- Exemptions.(1)(a) The State Construction Code is the construction codes adopted with any modifications inaccordance with this section that the state and each political subdivision of the state shallfollow.(b) A person shall comply with the applicable provisions of the State Construction Code when:(i) new construction is involved; and(ii) the owner of an existing building, or the owner's agent, is voluntarily engaged in:(A) the repair, renovation, remodeling, alteration, enlargement, rehabilitation, conservation, orreconstruction of the building; or(B) changing the character or use of the building in a manner that increases the occupancyloads, other demands, or safety risks of the building.




https://le.utah.gov/xcode/Title15A/C15A_1800010118000101.pdf
 
I sure hope so - it has been expensive! Since the city blocked the opinion from the State Ombudsman who ruled in my favor until the city provided affidavits disputing the facts saying they "couldn't recall" if they had denied me the opportunity to see the plans although it would have made no difference I hired the previous State Property Attorney to provide an expert opinion. He was appalled at the fact a permit had been issued in the first place and reduced the cost to $1000. The GRAMA records have cost over $900 and the appeal cost $679. I paid $150 to the State and $4000 so far to an attorney. It's been crazy so fingers crossed for a just outcome.
 
I am not suggesting black mail, but I wonder if the Senator is thinking about how this will affect any future political races he may try to win.
 
The answers you are looking for are not in the IRC or IBC. They would be in the state laws that administer over the adopted code in your state.
 
e hilton said:
Its not called blackmail in politics, its called bipartisan support. Or lack thereof.
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I think he thinks I will not pursue it and thinks that the Board of Adjustments will come down in favor of the city. I don't think he realizes that a building permit does not guarantee zoning and since he had his son in law pull the permit instead of the contractor that I can sue him directly for a zoning violation. I'm going to go with a one two punch as I have to reveal all my documents to the city 14 days before the appeal. I don't want to give him too much time to have the information before I sue him. It didn't need to come to this - if he had built an average sized deck I would never have questioned it.
 
my250r11 said:
The answers you are looking for are not in the IRC or IBC. They would be in the state laws that administer over the adopted code in your state.
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It seems that my state has its own law but it refers to IBC 2018 and IRC 2015.
 
So, the latest update is that the "Senator" claimed he was using a contractor on the building certificate but when I called the contractor he said he had refused to do the job. I'm thinking the two guys who built it were not licensed. Do I have any recourse on him doing this?
 
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