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04/28/1994 Minutes
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04/28/1994 Minutes
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N Olmsted Boards & Commissions
Year
1994
Board Name
Board of Building Code Appeals
Document Name
Minutes
Date
4/28/1994
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c.i <br />and the city would mail them a temporary occupancy. The gas company could not turn on the gas <br />because the meter was installed incorrectly., but since they could not contact the builder, a <br />supervisor authorized the worker to turn on the gas. When Mr. Simmons got back, there was still <br />work to be done and they had problems getting him back to finish. Mr. Fox had to hang a closet <br />door himself. When he, did not get the temporary occupancy, he called the Building Department <br />and was told that there was none and legally he was not.supposed to be,living in the house. He <br />checked the file recently, and there was nothing about a conditional occupancy permit. He moved <br />in the house November 1, 1992, and the occupancy permit is dated Apri126, 1993. In December <br />he noticed the condensation problem in the attic when he saw a tar like substance coming down <br />the back of the house. He and Mr. Simmons checked the attic, and there was water coming down <br />like rain, and the insulation was getting wet. Mr. Simmons did not come back, and Mr. Fox fouud <br />out that they needed more soffit ventilation area, so Mr. Simmons opened some of the solid pieces <br />and re-routed the bath room vent fans. The siding contractors replaced the areas that Mr. <br />Simmons opened up with perforated panels. He then found mildew and the wood sheathing had <br />swelled, the panels popped up on the trusses. Mr. Simmons promised to call the company that <br />made the roof sheathing, but he heard nothing. Finally, he called the distributor, who seut a <br />representative from the wood manufacturer who advised that the attic ventilation did not meet <br />muumum code standards. He had that same problem this year with moisture coming through the <br />insulation and dry wall in his bathroom. He al'so had frost on the outside walls on inside of the <br />house along the a baseboard, as well as ice in the area of where the windows meet. A <br />representative of Anderson Window Company checked the windows and advised that every <br />window was installed improperly, some are out of square, or are shimmed and do not lock right. <br />They gave him some double locks, but because the two halves do not meet, they cannot use them. <br />The weather stripping fell off the sliding glass door and was replaced by the manufacturexs _ <br />representative, later he was advised that the frame was twisted on the sliding glass doors which is <br />the same problem he had with the other doors. Law Director Gareau advised that there would be <br />another forum which would handle these problems, but questioned the letter that was sent by the <br />Building Department requiring Mr. Simmons to conect the code violations witlun the next 30 <br />days. Mr. Fox advised that a friend of Mr. Simmons called and asked when he could come to <br />start the work. Mr. Fox wanted some kind of warranty on the work, so that he would know how <br />the work was to be done. He also noted that in order to repair the stairs, it would be necessary to <br />rebuild them and the city had advised that they could not occupy the house with the stairs <br />removed. This worker stated that this would have to be worked out with Mr. Simmons, but Mr. <br />Simmons never contacted him to resolve the issue. When the 30 days were almost up, he retained <br />an attorney. Mr. Fox clarified for Mr. Gareau, that Mr. Simmons had offered to do some of the <br />work, but Mr. Fox wants all the work done at one time. Mr. Gareau stated that the city was only <br />interested in working out the code violations, not all the items listed. Mr. Fox advised that his <br />attorney had been unable to attend tonight's meeting, but it is his understanding that he told him <br />that the house would be opened for him., but he wanted a written contract as to what is going to <br />be done. Mr. Burk asked if the board gave Mr. Simmons a time frame in which to get the work <br />done, would he let him in to do the work. Mr. Fox was not sure, he would have to consult with <br />his attorney. Mr. Engoglia advised that the city could only be responsible for the code violations. <br />Mr. Fox had no problem with him coming in to do the work, but he still needs a contract advising <br />how the work is to be done. Mr. Burk re-capped that Mr. Fox wanted a proposal from Mr. <br />Simmons to correct the code violations, which he could review and accept and at that time he <br />6
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