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

Discussion in 'Residential Fire Codes' started by Jane, Sep 2, 2019.

  1. Jane

    Jane Registered User

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    I do have an attorney but I'm trying to do as much of the legwork as possible to save costs.
     
  2. Jane

    Jane Registered User

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    You definitely have the facts - I think the city does not want to lose face by admitting a mistake ...that's why they're fighting the timeliness not the violations. I just want it put right - I've told them I won't sue if they put it right. They're mad because I'm getting an advisory opinion although it may come down against me.
     
  3. Jane

    Jane Registered User

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    THE STATE UPHELD MY APPEAL!!! IT'S OFFICIAL - I CAN GO TO COURT :)
     
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  4. cda

    cda Sawhorse

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    Yea

    Appeal there was no time limit to submit a complaint ??
     
  5. cda

    cda Sawhorse

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    https://www.provo.org/city-services/build-in-provo/residential-projects/decks-fences-retaining-walls




    Decks:
    If you want to build a deck that is attached to your home, you will need to get a building permit. You can start by reviewing and meeting the requirements of the Residential Plan Review Checklist for Additions, Remodels, Basement Finishes and Accessory Structures Submit your Building Permit and all required documentation on the Online Portal. All plans must be drawn to scale. For questions about getting a building permit for your deck, please call the Building Division
     
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  6. ADAguy

    ADAguy Sawhorse

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    2 for 2, atta lady.
    Yeah for the Forum!
    See, decks are there.
     
  7. Jane

    Jane Registered User

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    There was a time limit but it is based on determining the triggering event. The city said it was the day the permit was issued but I argued (using Fox v. Park City) that my appeal was timely based on the fact that the City refused to show me the plans and therefore I had no "actual knowledge" before the frame was in place. Fortunately, I took pictures :)
     
  8. Jane

    Jane Registered User

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    I saw that which is why I knew they needed a permit but "patio" doesn't cover it based on their definition of "not higher than 30" " which is why it fits more with "Accessory Structure".
     
  9. ADAguy

    ADAguy Sawhorse

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    Now the "fun" really begins (smiling).
     
  10. JCraver

    JCraver Sawhorse

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    Where did patio come from? His permit, which is easily findable on your City's website, is clearly for a deck. It says plainly "Permit Type: Deck". And then in the description it again calls it a deck, when it says (paraphrasing) "we have a little deck and we want to make it bigger". I'm confused who called it a patio, and/or why we're talking about that?
     
  11. Jane

    Jane Registered User

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    When I asked the city which ordinances applied to the permit they said it had been issued based on the definition of a patio. Patio or Accessory structure are the only two options in Provo City's definitions that could apply to a deck.
     
  12. Jane

    Jane Registered User

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    "Fun" is not what it feels like. At this point if my neighbor offered to make the deck a more modest size I would go with it but I am certain that IF I win against the city then he will need to remove it completely. That has never been what I wanted - I don't care if he has deck but a "yard size" deck in a town home community is not even close to being ok.
     
  13. JCraver

    JCraver Sawhorse

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    This is right from the City of Provo website. All public info. (I put the X's where the name was just because, but this is the permit record of our unnamed Senator and his wife):

    Application Number:
    PRDK201900995
    Application Type:
    Deck

    Application Status:
    Permit(s) Issued
    Property Owner's Full Name:
    XXXXXXXXXXXXXXXXXXXXXXXXX
    Category of Work:
    New
    Occupancy Code:
    R-3: Residential, one- and two-family
    Description of Work:
    There is an existing 5x8 deck off the back of our townhouse that connects to stairs to our fenced in back yard. We would like to expand the size of the deck.

    Application Date:
    05/28/2019
    Issued Date:
    07/01/2019
    Expiration Date:
    12/28/2019
     
  14. cda

    cda Sawhorse

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    great turn around time???


    Application Date:
    05/28/2019
    Issued Date:
    07/01/2019
    Expiration Date:
    12/28/2019
     
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  15. VillageInspector

    VillageInspector Sawhorse

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    As I have maintained all along, there's something wrong with this whole issue.
     
  16. ADAguy

    ADAguy Sawhorse

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    So Jane, what up?
     
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  17. Jane

    Jane Registered User

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    Wow! How do I get hold of that? Our zoning is R2PD not R3 (although I think R3 fits better) but a permit issued in an R3 zone should have been more restrictive. They also didn't have a 5x8 deck before ...they had a 3 foot by 5 foot concrete stoop at the top of concrete steps. Can you send me the link to that information please or instructions on how to find it?
     
  18. ADAguy

    ADAguy Sawhorse

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    misinformation or "fake News"?
    City zoning maps not up to date?
     
  19. Jane

    Jane Registered User

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    I double and triple checked with the city and I have it in writing that we're R2PD. It doesn't make much difference as if the current structure violates R2Pd rules then it definitely violates R3 rules more.
     

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