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.