Written: 12/31/08
While the homeowner anxiously awaits the approval of a building permit, inspectors and architects/designers bounce different questions back and forth. This process is supposed to be relatively quick, but in our case, it has never been fast. Since our building permit request was filed upon approved plans by the architect/designer on November 17, 2008, there has been nothing but questions posed by our two inspectors. It is now December 31, 2008, and we still have no building permit.
Last year we endured the same delays when we requested a building permit. The review and questioning process lasted for nearly two months before approval for the first phase of our project. This came only after we contacted state officials about the delay strategies utilized by our local inspector, John Gulland.
The architect/designer bears some responsibility for the delays as their plans/designs are supposed to encompass all codes and requirements. When they do not, inspectors question aspects of it during their review and fire them back to the designer/architect. Usually the first round, at least in our experience, takes about three weeks to begin. The designer/architect responds after a short delay, and what ensues is a game of question ping-pong that the building owner pays for dearly.
Our designer and architect charge $75 and $125 an hour, respectively. An inadequate plan, as we have found, leads to numerous revisions, reprints, mileage, phone calls, etc. that requires you to pay a premium. The inspectors blame the designs for the delay, while the designers blame the pettiness of the inspectors. While their time clocks spin, your project remains on the backburner, and your ultimate bill soars.
You pay an enormous amount for plans, even when they don’t encompass much. You pay for that “good feeling” inspectors derive from expensive, fully-detail plans, while taxpayers, as a whole, pay for the inspector’s time (minus the building permit the owner pays for).
It’s hard to feel good about designs when your building is a rehabilitation project involving rental units. This is supposed to be one of the easiest classifications to design and build. Thus far, we have the following design costs:
$12,703.29 - 1st Phase (Residence + 1 One-Bedroom Apartment)
10,153.44 - 2nd Phase (Three Apartments – 1, 2, & 3-Bedrooms)
?,???.?? - 2nd Phase (Architect Fees – Not Billed Yet)
1,500.00 - 1st Phase (Plumbing Designs)
5,000.00 - Mechanical Drawings
1,500.00 - 2nd Phase (Plumbing Designs)
$30,856.73
Architects generally charge a minimum of $2,000 or more just for signing and stamping their approval on a set of plans.
Still we have no permit, expect more design costs, and can only guess how outrageous the architect bill will be. This is a lot of paperwork for no tangible gain in equity. As this is becoming the norm, breaking even on projects becomes more and more difficult.
These delays are more painful because we are in the middle of the winter and not allowed to insulate the lower level. This is approximately 5,000 square feet of un-insulated space. We requested on many occasions for the okay to insulate the lower level, but were denied by local inspector John Gulland. The second inspector on this project, Duane Grace, felt that a permit be issued to allow insulating. However, Mr. Gulland trumped Mr. Grace’s decision and has forced us to try to heat it from upstairs. This has proven disastrous in terms of fuel used and the money spent. This energy waste was avoidable!
This is the classic display of delay tactics, abuse of power, and unwillingness of some inspectors to help homeowners. The building codes should not give inspectors the power to interpret and enforce codes differently, often to your detriment. They cite energy codes and then force you to pump fossil fuels virtually right out the window.
Monday, September 13, 2010
A Railing & Guardrail Prevent a Couple from Moving in to their Home
Written: 1/7/09
Marvin Pirila & Gail Francette are still waiting to move into their new home at the Old Washington School they have owned for more than two years. Why? The building inspector, John Gulland, states that they must have higher hand rails installed. The existing hand rails fail to meet new building codes that state that hand railings must be 36 inches high and be continuous. They must also have a guard rail installed above the new hand rail that sits 48 inches above the floor. “It’s a life issue,” Mr. Gulland explains.
Owners Pirila and Francette couldn’t disagree more. “This building has been here for more than 100 years without one claim of injury due to low hand-railings or the lack of guard rails. Literally thousands of adults and children have used these stairs, since the school was first built in 1907. Grades K-12 went to school here for decades before becoming the Township offices for 13 years. In fact, John Gulland himself, spent two evenings a week in that very building for those 13 years,” Marvin explained. “How many houses or apartment buildings do you see with an original hand railing, a new one at 36 inches, and a guard rail at 48 inches. It’s ridiculous.”
“If the state, counties, and townships, are going to enforce these codes, why aren’t they mandated to upgrade their facilities statewide to comply?” Marvin asks. “I’ve heard Mr. Gulland tell me numerous times that it’s a life issue. If that’s true, they are putting countless employees and residents at risk in their own buildings. In fact, if it’s such a life issue, why isn’t in every home, business, and building in the country.
Mr. Gulland claims that many of these buildings have been grandfathered in, making it different from Pirila’s and Francettes home. The code, as interpreted to them by the Townships inspectors, is that it is a “Change in Use’ from Township use to Residential. This means it is considered a new building and subject to all relevant codes for new buildings.
Marvin Pirila & Gail Francette are still waiting to move into their new home at the Old Washington School they have owned for more than two years. Why? The building inspector, John Gulland, states that they must have higher hand rails installed. The existing hand rails fail to meet new building codes that state that hand railings must be 36 inches high and be continuous. They must also have a guard rail installed above the new hand rail that sits 48 inches above the floor. “It’s a life issue,” Mr. Gulland explains.
Owners Pirila and Francette couldn’t disagree more. “This building has been here for more than 100 years without one claim of injury due to low hand-railings or the lack of guard rails. Literally thousands of adults and children have used these stairs, since the school was first built in 1907. Grades K-12 went to school here for decades before becoming the Township offices for 13 years. In fact, John Gulland himself, spent two evenings a week in that very building for those 13 years,” Marvin explained. “How many houses or apartment buildings do you see with an original hand railing, a new one at 36 inches, and a guard rail at 48 inches. It’s ridiculous.”
“If the state, counties, and townships, are going to enforce these codes, why aren’t they mandated to upgrade their facilities statewide to comply?” Marvin asks. “I’ve heard Mr. Gulland tell me numerous times that it’s a life issue. If that’s true, they are putting countless employees and residents at risk in their own buildings. In fact, if it’s such a life issue, why isn’t in every home, business, and building in the country.
Mr. Gulland claims that many of these buildings have been grandfathered in, making it different from Pirila’s and Francettes home. The code, as interpreted to them by the Townships inspectors, is that it is a “Change in Use’ from Township use to Residential. This means it is considered a new building and subject to all relevant codes for new buildings.
Real Families Suffer from Lengthy Reviews & Abuses by Building Inspectors
Written: 1/13/09
This winter, as my family, lived in a room in my sisters’ basement; our two inspectors enjoyed the comforts of their own home. One resides in Texas for the winter, reviewing projects from Minnesota in warmth. The other acts as the building code administrator for the city of Duluth. We have lived with my sister since the beginning of the second week of August 2008. We expected to be moving into our new residence within a couple weeks at that time – yet five months later the inspectors are still playing games. We often have my two daughters, and my wife’s two granddaughters with us, imposing our living needs upon my sister. She has been wonderful and done the best she can with us, but we need our own space, as they do.
We have owned our building (Old Washington School) since November of 2006, and still can’t reside in it. Why? We don’t have new hand rails at 36” and guard rails at 42”. The current railings sit at 32” and have been used without problem for 102 years. Suddenly, it’s a life issue that prevents us from living there.
Last night, my daughter had a doctor’s appointment, and lo and behold, even their stairs didn’t have a guard rail. This life issue, as my inspectors would state, should stop them from all operations. They have thousands of people entering there everyday and it’s okay, but we generally will have three, yes three, using our stairs. Our one set of rails that worked fine for a school setting for about 90 years, then by Thomson Township for another 13, is suddenly not good enough. The “life issue” claim is a farce.
We’ve planned and been required to meet all energy codes in our construction, yet are forced to heat an un-insulated shell on the bottom floor. The permit has been pending for two months so far while the two inspectors continue to debate trivial matters with our architect and designer. They haggle over insulating an 18” space under the main floor, while they prohibit us from framing and insulating the more the 5,000 square feet of wall. This is clearly a game of power and malicious intent. From October 22, 2008 to January 9, 2009, we have spent $5,874.98 in propane attempting to maintain heat throughout the building from the top. This is a failing plan, while the inspectors conveniently dismiss the idea they are responsible for wasting energy needlessly and making us pay for it.
The expensive furnace we have upstairs runs and runs, having already burnt out the igniter once. Because it’s colder downstairs where we aren’t allowed to insulate, the condensing tube has frozen up numerous times and shut the furnace down. This required repeated visits by the HVAC professional. The line had to be clipped short and led to an ice buildup on the floor downstairs, which will probably have to be replaced now. Worst of all perhaps is that the lifespan of the furnace is seriously affected. Pursuant to the codes, this furnace was fitted for the heating needs of just our residence, not the whole main building. The required heat/loss loads, thermocalcs, and energy codes were simply ignored, when convenient, for inspectors. At other times, they hold up the whole process waiting on them.
When the furnace went down, and we weren’t allowed to live there, many hours passed before it was noticed. This led to cracked drywall, dead plants, and unworkable conditions for contractors.
John Gulland, the Township building inspector, and Duane Grace, the code reviewer, are responsible for intentional and great financial harm and distress to the owners. They continually drag out reviews, blame architectural designs for the problem, and refuse to work with the homeowners. They have chosen to keep a family from their home through one of the worst winters possible, forcing them to live out of bags, in a room far from the school district their daughters and granddaughters attend. They simply don’t care and have no compassion for the effects of their intentional delays. When they have endured the circumstances we have, they can complain, but until then, they need to start doing what they are paid to do.
Mr. Grace has allowed other projects to proceed to avoid such problems and promised to discuss the matter with Mr. Gulland, who we are sure, had done the same on projects. In this case, Mr. Gulland has refused to bargain in good faith of any kind. He offers no explanation other than saying that everything, down to the last screw, must be on the plans first. The latitude given him by the building codes is misused to punish anyone who questions him. He has shown he’ll throw out any reasonable request, such as insulating, if necessary, to prove his point. He does it, we guess, because he feels he can.
Mr. Gulland illegally entered our building, using a key he had from his 13 years in the same building. We requested his firing from the township for this, but the township has failed to answer our letter. Thomson Township, itself, has much to answer for with the debacle that has occurred here under their guidance.
Attempting to get a decision of any kind from these inspectors is futile, because their issues are always changing. It’s like trying to shoot a moving target that is going way too fast to get a bead on -- it’s useless. They show no impetus to do anything until threatened with a state investigation. This time we will not ask the state to hold off their investigation, despite their last minute efforts of Mr. Gulland and Mr. Grace, again. It’s too late and the damage has been done. What’s disheartening is that these inspectors have grown comfortable in abusing us, seemingly deriving pleasure from hindering the process.
This winter, as my family, lived in a room in my sisters’ basement; our two inspectors enjoyed the comforts of their own home. One resides in Texas for the winter, reviewing projects from Minnesota in warmth. The other acts as the building code administrator for the city of Duluth. We have lived with my sister since the beginning of the second week of August 2008. We expected to be moving into our new residence within a couple weeks at that time – yet five months later the inspectors are still playing games. We often have my two daughters, and my wife’s two granddaughters with us, imposing our living needs upon my sister. She has been wonderful and done the best she can with us, but we need our own space, as they do.
We have owned our building (Old Washington School) since November of 2006, and still can’t reside in it. Why? We don’t have new hand rails at 36” and guard rails at 42”. The current railings sit at 32” and have been used without problem for 102 years. Suddenly, it’s a life issue that prevents us from living there.
Last night, my daughter had a doctor’s appointment, and lo and behold, even their stairs didn’t have a guard rail. This life issue, as my inspectors would state, should stop them from all operations. They have thousands of people entering there everyday and it’s okay, but we generally will have three, yes three, using our stairs. Our one set of rails that worked fine for a school setting for about 90 years, then by Thomson Township for another 13, is suddenly not good enough. The “life issue” claim is a farce.
We’ve planned and been required to meet all energy codes in our construction, yet are forced to heat an un-insulated shell on the bottom floor. The permit has been pending for two months so far while the two inspectors continue to debate trivial matters with our architect and designer. They haggle over insulating an 18” space under the main floor, while they prohibit us from framing and insulating the more the 5,000 square feet of wall. This is clearly a game of power and malicious intent. From October 22, 2008 to January 9, 2009, we have spent $5,874.98 in propane attempting to maintain heat throughout the building from the top. This is a failing plan, while the inspectors conveniently dismiss the idea they are responsible for wasting energy needlessly and making us pay for it.
The expensive furnace we have upstairs runs and runs, having already burnt out the igniter once. Because it’s colder downstairs where we aren’t allowed to insulate, the condensing tube has frozen up numerous times and shut the furnace down. This required repeated visits by the HVAC professional. The line had to be clipped short and led to an ice buildup on the floor downstairs, which will probably have to be replaced now. Worst of all perhaps is that the lifespan of the furnace is seriously affected. Pursuant to the codes, this furnace was fitted for the heating needs of just our residence, not the whole main building. The required heat/loss loads, thermocalcs, and energy codes were simply ignored, when convenient, for inspectors. At other times, they hold up the whole process waiting on them.
When the furnace went down, and we weren’t allowed to live there, many hours passed before it was noticed. This led to cracked drywall, dead plants, and unworkable conditions for contractors.
John Gulland, the Township building inspector, and Duane Grace, the code reviewer, are responsible for intentional and great financial harm and distress to the owners. They continually drag out reviews, blame architectural designs for the problem, and refuse to work with the homeowners. They have chosen to keep a family from their home through one of the worst winters possible, forcing them to live out of bags, in a room far from the school district their daughters and granddaughters attend. They simply don’t care and have no compassion for the effects of their intentional delays. When they have endured the circumstances we have, they can complain, but until then, they need to start doing what they are paid to do.
Mr. Grace has allowed other projects to proceed to avoid such problems and promised to discuss the matter with Mr. Gulland, who we are sure, had done the same on projects. In this case, Mr. Gulland has refused to bargain in good faith of any kind. He offers no explanation other than saying that everything, down to the last screw, must be on the plans first. The latitude given him by the building codes is misused to punish anyone who questions him. He has shown he’ll throw out any reasonable request, such as insulating, if necessary, to prove his point. He does it, we guess, because he feels he can.
Mr. Gulland illegally entered our building, using a key he had from his 13 years in the same building. We requested his firing from the township for this, but the township has failed to answer our letter. Thomson Township, itself, has much to answer for with the debacle that has occurred here under their guidance.
Attempting to get a decision of any kind from these inspectors is futile, because their issues are always changing. It’s like trying to shoot a moving target that is going way too fast to get a bead on -- it’s useless. They show no impetus to do anything until threatened with a state investigation. This time we will not ask the state to hold off their investigation, despite their last minute efforts of Mr. Gulland and Mr. Grace, again. It’s too late and the damage has been done. What’s disheartening is that these inspectors have grown comfortable in abusing us, seemingly deriving pleasure from hindering the process.
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