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

The model IRC is silent in regard to FSD for decks. Therefore interpretation is all over the place. This is a hole in the IRC that will likely be fixed over the next few cycles.
 
Glenn said:
The model IRC is silent in regard to FSD for decks. Therefore interpretation is all over the place. This is a hole in the IRC that will likely be fixed over the next few cycles.
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Does that mean the monstrous deck next door to me is not a fire code violation? It's got multiple other violations but it looks like the city are going to get off with it which is why fire code is my last resort.
 
Jane said:
I trued that but they say they don't enforce it unless you appeal within 10 days of knowing there is a building permit. In other words - they can't be held liable for their mistakes
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That makes no sense
 
cda said:
That makes no sense
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That's what I think too. I've told the city I won't sue them (not that it's easy to sue a city) if they just fix their mistakes but they are fighting this to the death it seems.
 
Jane said:
Does that mean the monstrous deck next door to me is not a fire code violation? It's got multiple other violations but it looks like the city are going to get off with it which is why fire code is my last resort.
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I'm sorry Jane, I can't speak directly to your situation without more research and information about the local codes. I am a national code consultant in the decking industry, and was simply adding to the greater conversation that this subject of fire spread from decks has not been tackled at a national level. The code is silent. The Wildland Urban Interface Code does however have provision for fire spread via decks but it is in relation to a wildland fire spreading to a house, not a house to a house.
There have been proposals in the past to address this, but they weren't well prepared and I spoke against them at the hearings. I do expect to work on this "hole" in the code for the 2024 or 2027 editions, but that doesn't help you.
Just know you are not alone or crazy in your concerns. The code development process just hasn't addressed it yet.
 
Jane said:
The HOA (at least two of them) just allowed their friend to build this. I am going to call the HOA's insurance and ask if a fire code violation voids the policy.

I know we have to do a reserve study every 5 years but they don't make us have a specific amount.
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Do they identify nonconforming additions?
 
What is the story with the porch roof in the unit in the background? It appears to cover the entire yard all the way to the garage? I would be more worried about that.
 
Glenn said:
I'm sorry Jane, I can't speak directly to your situation without more research and information about the local codes. I am a national code consultant in the decking industry, and was simply adding to the greater conversation that this subject of fire spread from decks has not been tackled at a national level. The code is silent. The Wildland Urban Interface Code does however have provision for fire spread via decks but it is in relation to a wildland fire spreading to a house, not a house to a house.
There have been proposals in the past to address this, but they weren't well prepared and I spoke against them at the hearings. I do expect to work on this "hole" in the code for the 2024 or 2027 editions, but that doesn't help you.
Just know you are not alone or crazy in your concerns. The code development process just hasn't addressed it yet.
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I appreciate your input and affirming I'm not "alone or crazy"...I feel like I'm both. Do you know how I could find out the local codes in the State of Utah? It seems crazy that this is not an issue - especially in a desert state.
 
ADAguy said:
Do they identify nonconforming additions?
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No they don't although an addition this size should never have been approved. Two of the board members who are starry eyed because my neighbor was a Senator verbally approved the deck without seeing plans or approving the materials used.
 
We get request for information all the time and we only give EXACTLY what is asked for so the wording you use in your request is very important. Did you specify you want all permit, zoning & inspection info?

In general building code is for how it is built, and zoning is for where it can be built. The pictures are not clear enough or enough from different angles to verify how many code violations may be present. As for zoning there are usually sideyard and rearyard setbacks as well as ratio's as to how much you can cover as has been state earlier. I would think there are violation to zoning & building codes. The zoning ordinance should be available somewhere.
Most states set what codes are used and should be found also. This info should be online in this day and age.

Would file complaints with the state agencies that over see codes and zoning in your state.

As also already stated when all else fails call the local news.
 
my250r11 said:
We get request for information all the time and we only give EXACTLY what is asked for so the wording you use in your request is very important. Did you specify you want all permit, zoning & inspection info?

In general building code is for how it is built, and zoning is for where it can be built. The pictures are not clear enough or enough from different angles to verify how many code violations may be present. As for zoning there are usually sideyard and rearyard setbacks as well as ratio's as to how much you can cover as has been state earlier. I would think there are violation to zoning & building codes. The zoning ordinance should be available somewhere.
Most states set what codes are used and should be found also. This info should be online in this day and age.

Would file complaints with the state agencies that over see codes and zoning in your state.

As also already stated when all else fails call the local news.
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I will file another GRAMA request using that wording right now and see if something different comes back. I know that the deck (the city deemed it a "patio" as they have no language in their zoning for a deck but a patio is described as a flat structure no more than 30" high. Either way it violates lot coverage rules and a patio is not allowed to extend more that 12 feet. So it's more than 30" high and extends out approx 20 feet so there is no question that it violates at least one zoning ordinance. Do you work for a city zoning?
 
Jane said:
I will file another GRAMA request using that wording right now and see if something different comes back. I know that the deck (the city deemed it a "patio" as they have no language in their zoning for a deck but a patio is described as a flat structure no more than 30" high. Either way it violates lot coverage rules and a patio is not allowed to extend more that 12 feet. So it's more than 30" high and extends out approx 20 feet so there is no question that it violates at least one zoning ordinance. Do you work for a city zoning?
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No, a city building inspector. We deal with zoning a lot so it rubs off and we also check to make sure structures are built to the required set backs.
 
Glenn said:
What is the story with the porch roof in the unit in the background? It appears to cover the entire yard all the way to the garage? I would be more worried about that.
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That is a side yard for the end unit. The roof has been there since I moved in in 2004 so I don't know if it was part of the original PUD. It certainly looks ugly but their neighbors have not complained. They are they neighbors on the other side of the monstrous deck.
 
my250r11 said:
No, a city building inspector. We deal with zoning a lot so it rubs off and we also check to make sure structures are built to the required set backs.
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I filed another GRAMA request using your wording. I have filed for an advisory opinion with the State Utah Property Rights department (the city are fighting that hard) but I don't see anywhere else that covers zoning and code. Thoughts?
 
Since the hose does not care,

A nice large sign with pictures in your front yard, might do good or bad!!!
 
cda said:
Since the hose does not care,

A nice large sign with pictures in your front yard, might do good or bad!!!
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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 :)
 
my250r11 said:
No, a city building inspector. We deal with zoning a lot so it rubs off and we also check to make sure structures are built to the required set backs.
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So as a building inspector do you think this thing violates R302.1?
 
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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