Navigating Building Code Violations
So you’ve just received a building code violation on your property. The letter on your doorstep threatens hefty monthly fees and you don't even know exactly what building codes have been violated - maybe you were not even responsible for the construction in question.
What Do You Do When You Receive a Building Code Violation?
We’ve received calls from many clients who have been in this predicament. Whether they got there from a nosey neighbor, a person disgruntled after losing a bid on a home, or because a city code inspector was brought on the property for other construction work, the process of resolving the violation can be scary at the beginning.
Last year, we were contacted by a client, Greg, who found himself in exactly this situation. He received a letter of nonconformance from the city of Portland within a couple months of purchasing a new home.
A potential buyer who was out bid reported violations to the city. The previous owner was a carpenter who did beautiful work in the home and constructed a new detached ADU, but never applied for any permits.
The process of retroactively legalizing all this work has been extensive, but with a lot of creativity and a robust skillset at our disposal we have been able to resolve and legalize all the work on the property.
Can Code Violations Be Resolved in Portland (and Oregon)?
Full Stop has been taking on projects to resolve these types of violations for years and through navigating city, county, and state codes and resolution processes we have developed a thorough understanding of the rules and processes available for our clients. That’s what good architectural designers do.
What strategies we use to resolve an issue depends on what type of violation it is, how far out of compliance it is, what design options are available based on existing conditions, what jurisdiction we are in, and what budget is available.
Our first step was to meet with Greg and get a general understanding of the extent of the violations. This included a project walk through and some basic measurements. Once a scope and fee was agreed upon, we took full measurements of the property and used our drawings to complete a full code review with an itemized list of work to be done on the property.
From there, we engaged a structural engineer, made a permit set, tracked the drawings through the permit process and delivered a permit and complete drawing set to a contractor. This process took about 9 months, but as soon as the client signed a contract with us he was able to suspend the payment of the monthly fees to the city because he was making a good faith effort to resolve the issue.
How Did We Legalize the Code Violation?
In this case, our main tool was redesign. Unfortunately many features which were not in compliance with code had to be replaced, such as stairs that were too steep and railings which were not secured properly to the deck. But we have many other tools available to us, too.
For many items which don't meet the letter of the code, but comply with the intent and are safe and functional, it is possible to apply for a building code appeal.
In Greg’s home, we found that the slope of the ceiling in the bathroom in the converted attic made the location of the toilet impossible per building codes which require a certain headheight minimum in the space in front of the fixture.
To resolve this, we added a skylight over the toilet because the depth of the skylight put the headheight into the code-allowable minimum. We applied for a code appeal for this design and were approved. Without this code appeal, locating the toilet in this bathroom would have been nearly impossible and much more extensive design intervention would be possible.
In other cases we looked at alternative codes which might give us some leeway to come up with less invasive solutions.
We used the Oregon Tiny Home Code to resolve a stair issue in a loft and we reclassified certain features to make them subject to codes that were more appropriate for the scope of work and budget of the project.
Thankfully in this project there were no violations related to planning and zoning. The process of resolving planning violations can be tricky, and we will go in depth into that process in a future blog post.
Building code violation resolutions can be tough processes and having one, or the threat of one, can negatively affect your property’s value.
In addition to offering these design resolution services, we also offer the much less extensive preventative service of a building walk through with a potential buyer to identify any locations of code violations. This can be a valuable negotiation tool in purchasing a home or it can be the information you need to steer clear of a house that could bring you more headaches than it’s worth. Read more about that in this blog post.
Need Help Resolving a Violation?
We’re here to help. We work with folks in the Portland Metro (and greater Oregon) to help fix code violations and work on exciting new builds. Contact us today to talk about your specific problem further.