• Welcome to The Building Code Forum

    Your premier resource for building code knowledge.

    This forum remains free to the public thanks to the generous support of our Sawhorse Members and Corporate Sponsors. Their contributions help keep this community thriving and accessible.

    Want enhanced access to expert discussions and exclusive features? Learn more about the benefits here.

    Ready to upgrade? Log in and upgrade now.

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

my250r11 said:
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.
Click to expand...

In the city PD zoning (since we're R2PD) it says:

(i) Notwithstanding the above provision, if the development has subdivided one-family lots which abut other parcels of land, the specific zone regulations shall apply for rear and side yard setbacks on the subdivided lots. The required setback area shall be landscaped.

Since we have separate one family lots, then the R2 zoning takes precedent which means that the deck can't project more than 12 feet or be any closer to the side property lines than 3 feet. Also, there can't be more than 40% lot coverage of accessory structures. Currently 98% of his lot is covered with structures.
 
ICE said:
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.
Click to expand...

What would these code violations come under?
 
e hilton said:
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.
Click to expand...

Yes - it's attached to his house but spans the width of the lot. There is no setback at all.
 
1. Exceeds lot coverage
2. Lacks rear & sideyard setbacks
3. Deck exceeds allowed height
4. Lacks permit?
(anything else?)
 
ADAguy said:
1. Exceeds lot coverage
2. Lacks rear & sideyard setbacks
3. Deck exceeds allowed height
4. Lacks permit?
(anything else?)
Click to expand...

ADAguy - Item 1: Are you referring to exceeding maximum impervious coverage or exceeding the allowable accessory structure size. This might make two separate violations.
 
Jane said:
So would I find these in the zoning chapter or is there a whole other world out there that I have yet to discover?
Click to expand...
It is two codes....Mechanical code and Electrical code. The mechanical code for the clearance I mentioned earlier and the electrical code for working space at the disconnect. These are minor issues but it might surprise the building dept. to hear you mention this.

First you must verify that there is an A/C compressor involved.
 
Mech: F.A.R. (floor Area Ratio) may be exceeded for the lot size/zoning, impervious coverage is another matter. Also if side yards are only 3' wide that may be a fire issue (typically 5' has been the min. for single family.
 
ADAguy said:
1. Exceeds lot coverage
2. Lacks rear & sideyard setbacks
3. Deck exceeds allowed height
4. Lacks permit?
(anything else?)
Click to expand...

The weird thing is that it HAS a permit. It seems like a favor was done for my neighbor and the city ran the clock despite my protests so that now they say I can't appeal.
 
ICE said:
It is two codes....Mechanical code and Electrical code. The mechanical code for the clearance I mentioned earlier and the electrical code for working space at the disconnect. These are minor issues but it might surprise the building dept. to hear you mention this.

First you must verify that there is an A/c compressor involved.
Click to expand...

I will file another zoning violation for that and see what the response is. Thanks so much.
 
Jane said:
I will file another zoning violation for that and see what the response is. Thanks so much.
Click to expand...
Those are not zoning code violations. For that matter I don’t know if there are violations at all.

I am merely an inspector and your issues are beyond my grasp.
 
Jane said:
Are those code issues?
Click to expand...


I want to say maybe half or better of the items you have talked about, are building, mechanical, fire code related items.

Yes it sounds like there are zoning/ development issues.


To me a "CODE" item should be able to be reported at anytime. There should be no dead line. Like say a water heater not installed correctly.
 
cda said:
I want to say maybe half or better of the items you have talked about, are building, mechanical, fire code related items.

Yes it sounds like there are zoning/ development issues.


To me a "CODE" item should be able to be reported at anytime. There should be no dead line. Like say a water heater not installed correctly.
Click to expand...

Would that include the AC under the deck?
 
Jane said:
Would that include the AC under the deck?
Click to expand...

The AC under the deck, if it is there, would be subject to the mechanical and electrical codes that ICE mentioned in post #128.

The Zoning ORDINANCE is a document separate from the Building, Mechanical, Electrical, Fire CODES. Zoning Ordinances are specific to the municipality and it appears you have access to it (see your quote in post #121.)
 
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:
Click to expand...
It's only been a day since the ombudsman replied. Give a few weeks.
 
Mech said:
Is the deck finished yet? Any new photos?
Click to expand...

67650936_10155852783717255_8462896168123236352_o.jpg
 
You must log in or register to reply here.
Back
Top