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

[Jane]

I am not a building professional but I have been fighting the city regarding a permit that was issued to my neighbor to build a deck that covers most of the rear yard. Our homes are townhomes so there is no side yard. From my research it seems that the permit was issued even thought violated multiple zoning codes and the city told me it had been approved correctly and then told me I could appeal after the window had passed. The ombudsman is currently assessing the situation as I was initially told I couldn't see the plans as they were copyrighted (that was not the case)n and then on multiple visits and emails to the city I was told that the building permit complied with zoning.

So, in short, I'm trying to find a way to get the city to bring this deck into compliance. In reading the IBC codes (yep - that's where I'm at ) I noticed that there were specific rules for fire codes. I'm not sure how to upload a picture of the structure but I can if some can tell me how. Thanks in advance.

 

[Jane]

 

[jar546]

I am not a building professional but I have been fighting the city regarding a permit that was issued to my neighbor to build a deck that covers most of the rear yard. Our homes are townhomes so there is no side yard. From my research it seems that the permit was issued even thought violated multiple zoning codes and the city told me it had been approved correctly and then told me I could appeal after the window had passed. The ombudsman is currently assessing the situation as I was initially told I couldn't see the plans as they were copyrighted (that was not the case)n and then on multiple visits and emails to the city I was told that the building permit complied with zoning.

So, in short, I'm trying to find a way to get the city to bring this deck into compliance. In reading the IBC codes (yep - that's where I'm at ) I noticed that there were specific rules for fire codes. I'm not sure how to upload a picture of the structure but I can if some can tell me how. Thanks in advance.

That is a violation of R302.1 and yet somehow it even got through zoning?

 

[cda]

Welcome!!


What year if the “international residential code”

Does the city currently have adopted ??


Please do not red line my writing.

 

[cda]

This is the 2015 edition with out any local amendments::


https://codes.iccsafe.org/content/IRC2015

 

[cda]

This is parr of 302.1::



SECTIONR302
FIRE-RESISTANT CONSTRUCTION

R302.1 Exterior walls.
Construction, projections, openings and penetrations of exterior walls of dwellings and accessory buildings shall comply with Table R302.1(1); or dwellings equipped throughout with an automatic sprinkler system installed in accordance with Section P2904 shall comply with Table R302.1(2).

Exceptions:
..............

 

[cda]

Is the deck attached to someone else’s house????

 

[cda]

You can also to an open records request for any permits issued and

Any inspections done.

That might be some interesting reading.

 

[cda]

My last resort, if the city does not do anything, is email the media with everything you find.

They are always looking for a filler story/ investigative report.

Only thing after that is a real estate attorney and private code consultant. Which means money out of your pocket.

 

[cda]

I hate HOA’s, but is there one???

And does a homeowner need their approval to build??

 

[Jane]

That is a violation of R302.1 and yet somehow it even got through zoning?

Thanks for your response. That's what I'm confused about - I don't know about building code but even I knew when it went up that something was wrong. I sent the city pictures every day and they kept telling me it was compliant. My neighbor is very well known so I'm wondering if the permit was rubber stamped as a favor. What can I do about it at this point?

 

[Jane]

Welcome!!


What year if the “international residential code”

Does the city currently have adopted ??


Please do not red line my writing.

The city uses IBC 2015. Is there any way I can get them to make the deck comply with code as it affects my safety and property value.

 

[Jane]

You can also to an open records request for any permits issued and

Any inspections done.

That might be some interesting reading.

Thanks - I have requested the GRAMA report and I have spoken with an attorney - I am learning a lot about building and zoning but it is not a nice way to have to learn it. My HOA also rubber stamped this without even seeing the plans and so I have a lawsuit against them to recover my attorney fees if I want to. I just really need to know the best way to get the city to "fix" this. If the final inspection hasn't been done - can I red flag the inspection so that it has to be fixed?

 

[Jane]

Is the deck attached to someone else’s house????

It is attached to my neighbor's house and goes right up to the garage at the rear.

 

[Jane]

I hate HOA’s, but is there one???

And does a homeowner need their approval to build??

We do have an HOA but because this guy is famous they just rubber stamped it without seeing the plans. I know I have plenty against the HOA for a lawsuit but can I get the deck brought into compliance?

 

[Jane]

My last resort, if the city does not do anything, is email the media with everything you find.

They are always looking for a filler story/ investigative report.

Only thing after that is a real estate attorney and private code consultant. Which means money out of your pocket.

It would make a good story....a corrupt city, a rogue HOA board and a former Senator!

 

[cda]

It is attached to my neighbor's house and goes right up to the garage at the rear.

Wow

To me that is degrading the structure, and I would not allow a neighbor to attach a make shift shelter to my house.

Let’s see who pays, when something goes wrong.

I bet the neighbors insurance company would not be happy with the set up.

 

[cda]

So it sounds like you want to go to the mat on this.

Since you talked to an attorney,,,

Might as well hire a good “Code Consultant” private type.

They can look at the install.

They can look at the building and city codes.

They can advise you if it is right or wrong.

They can represent you in front of any city official, and be able to talk code!!!!!!


One other, do you know any of the city council people??? Sometimes they like to get involved and make noise.

 

[Jane]

Wow

To me that is degrading the structure, and I would not allow a neighbor to attach a make shift shelter to my house.

Let’s see who pays, when something goes wrong.

I bet the neighbors insurance company would not be happy with the set up.

That is the base of a deck which is now almost complete and attached to my neighbors house but comes right up to our shared fence (we live in townhomes and my neighbor did get a permit for this monstrosity). I have tried to get the city to do something about it but they are claiming my appeal for zoning violations was one day too late. Now, I'm trying to get them to do something based on Fire Code violations. This is affecting my safety and property values - apart from the fact it violates at lest 6 zoning codes. What would you suggest I do to get this removed?

 

[Jane]

So it sounds like you want to go to the mat on this.

Since you talked to an attorney,,,

Might as well hire a good “Code Consultant” private type.

They can look at the install.

They can look at the building and city codes.

They can advise you if it is right or wrong.

They can represent you in front of any city official, and be able to talk code!!!!!!


One other, do you know any of the city council people??? Sometimes they like to get involved and make noise.

The city are fighting my appeal hard as this seems to have been rubber stamped by every department involved. My neighbor is a former Senator who is buddies with the former Mayor and even the HOA has turned a blind eye to it as they want to be invited to his events. I have paid for a State advisory opinion from the A.G.'s office on this but the city are fighting it saying my appeal was a day or two late. I asked repeatedly when I needed to appeal and the city ombudsman said that I could still submit the appeal even after they now say it was due. It seems like a cover up by the city to me - And I'm not a conspiracy theorist! If the final inspection has not been done can I "force" the city to comply with fire code? I sent a complaint to the city today to notify them I was aware this structure violated fire code. I copied in the mayor, the city attorney and the community development department.

 

[Jane]

Is the deck attached to someone else’s house????

It is attached to my neighbor's town house but comes all the way to the shared common fence. He asked me to share the cost of a 12 foot fence (against city code) so he could have privacy. When I said "No" he hung a 13 foot high curtain across the property line.

 

[cda]

The city are fighting my appeal hard as this seems to have been rubber stamped by every department involved. My neighbor is a former Senator who is buddies with the former Mayor and even the HOA has turned a blind eye to it as they want to be invited to his events. I have paid for a State advisory opinion from the A.G.'s office on this but the city are fighting it saying my appeal was a day or two late. I asked repeatedly when I needed to appeal and the city ombudsman said that I could still submit the appeal even after they now say it was due. It seems like a cover up by the city to me - And I'm not a conspiracy theorist! If the final inspection has not been done can I "force" the city to comply with fire code? I sent a complaint to the city today to notify them I was aware this structure violated fire code. I copied in the mayor, the city attorney and the community development department.

Not into zoning,,,,

But seems like there would be no dead line if there is a zoning or building code violation.


Sounds like you might as well email every media outlet in the area.... someone needs a story,,, and if you can get to the investigative team that is the best.

 

[Jane]

Not into zoning,,,,

But seems like there would be no dead line if there is a zoning or building code violation.


Sounds like you might as well email every media outlet in the area.... someone needs a story,,, and if you can get to the investigative team that is the best.

The City offices say that since they issued the permit they are not going to say there are zoning violations - it seems corrupt to me but they said I only had 10 days to appeal the permit. They wouldn't allow me access to the plans as they were supposedly copyrighted and issued the permit base on their definition of a patio. (a flat structure no higher than 30") A patio is not supposed to project our more than 12 feet or take up more than a certain percentage of lot coverage. This thing is 6 feet plus railings high, 21 feet long and 22 feet wide.

 

[cda]

Also write to every council person

Sometimes you find a good one.


And the media