1994, 11-01 Update Notification to CourtVan Camp ®,
Bennion
TRLAI., LAWYERS
W. 1707 BROADWAY
SPOKANE, WA 99201
TELEPHONE (509) 326-6935
FAX (509) 326-6978
W. Russell Van Camp
Irving H. Bennion
Dustin Deissner
Bonnie Favor
also admitted in Idaho
Paralegals:
Sally Eva
Don R. Shaw
RECEIVED
SPOKANE COUNTY
NOV 3 1994
DIVI$10i1! UILDING
Judge Donna Wilson
Spokane Co. District Ct.
Public Safety Bldg.
SPOKANE WA 99260
Tom Davis
Code Compliance Coordinator
Public Works Bldg.
SPOKANE WA 99260
1Nov94848
Stanley Waltz
Frank Christoff
1115 W Broadway Ave
SPOKANE WA- 99260
re: Winston A. Smith
3514 N Edgerton Rd.
Dear Judge Wilson, Stan, Frank and Tom:
Please consider this an update notation on behalf of
Winston Smith, and taking into consideration that all
parties have received the letter from the Chief Paul Chase
dated 10/14/94. Mr. Smith took it upon himself to ask the
Chief to inspect his house from a safety standpoint. Mr.
Smith has not yet received a reply from the Chief, but the
Chief did write to Tom Davis who in turn forwarded a copy
to Mr. Van Camp and myself.
I was at the house last evening. Mr. Smith will,
this week, have larger numbers on the front of the house.
He's also installed a dusk to dawn yard lite to illuminate
them.
The sheet rocking around the garage is to be attended
to. We'd all gone over that at the inspection when
everyone was there, and it was reiterated when Tom and
Kevin were there last. The plumber has been there and
made the changes Kevin wanted, but there must be
insulation installed, and then sheetrock. Chief Chase was
apparently of an opinion that all that remained was to
close it in with the 'rock. In passing Kevin wanted the
ceiling in the garage under the living room insulated to
R-11. Mr. Smith is doing 95% of that area at R-19 and
the balance at R-13.
Mr. Smith has a single smoke alarm that is just
outside the bedroom doors. I've written Chief Chase to
inquire if it is necessary to have one in each room. I
don't see what benefit there is to having multiple smoke
detectors at 21 to 4 foot intervals. Having one in each
bedroom and outside the bedrooms would place three
detectors in an area roughly the side of a desk top. I
just haven't heard back from him yet.
Mr. Smith will install a detector and safety lite
with battery backup in the ground level entry way.
I've inquired of Eagle, Ernst, Zigglers and Home
Depot and none of them are aware of how to interconnect
smoke alarms so that if one goes off they all do. They
were of an opinion that you couldn't. At least not with
the units they are familiar with. Again, I have asked
Chief Chase for help with this and I'm sure he will get me
a copy of the code that requires that as well as letting
us know how to do it.
The upstairs bedroom window that faces South does not
meet the current building code, and possibly did not meet
the code in effect 12-15 years ago when it was installed.
I've explained to Mr. Smith that it would be much simpler
and easier to just cut a hole in the wall and put in a new
window and lower it by 7". A few hundred dollars
additional for that is relatively nothing.
The east wall of the residence he has covered with
metal from floor to ceiling, and has installed 'rock over
this, and the ceiling. That still leaves the outside wall
on the East, and he's already installed metal up that
wall, and it's being prepped to be sheet rocked.
He apologizes that his house is not attractive to
Chief Case. He and the neighbors all think it is
wonderfully better than when he purchased the property.
If the Chief would care write an outline of what would be
more attractive I will certainly pass that on to Mr.
Smith. We have taken notice that Chief Chase wrote that
he was not familiar with zoning and building requirements.
but they need correction, and do thank him for his
concern.
The circular stairway
House on Geiger Blvd. The
believe the Code calls for
Mr. Smith is getting a 36"
is coming from Spiral & Railing
cost will be $855.00. I
a 28" to 32" wide stair.
width.
The area of the entry way he's covered with metal
from floor to ceiling and 'rocked over that along the wall
to the right as you enter. The wall to the left as you
enter is 'rocked in the daughter's living area and is
scheduled to be 'rocked in the entry way by or before
Saturday of this week.
-2-
All of the sheetrock being used is "fire rated" as
distinguished from ordinary plain sheetrock.
In passing I am also submitting a copy of the
Washington Water Power Company's computer print out that
shows in the lower left corner that the "Installed Date"
for the present electric meter was 10/01/1978, some six
years before Mr. Smith purchased the property. That does
leave a interesting question of how WWP was providing
power to a living unit that it's now alleged by Mr. Davis,
did not exist? And that was the installation of a "new
meter" which they do when the old ones have been in use so
long they have to be replaced.
In all events, the above is the present status of the
property and of the work being done. It is not completed,
and shy of a sudden influx of $20,000.00 this afternoon,
will not be finished in one more week. Mr. Smith is
working at it and is having those things he can not do
himself done. It will be possibly as long as three more
weeks until the curved metal stairway is completed and
installed. The new plumbing must be inspected and then
the insulation purchased, installed and after that a few
hundred dollars of 'rock purchased, and dry wall
installers scheduled and the work done. We're waiting to
hear from Chief Chase (see copy of my letter to him dated
10/31/94 attached).
In total, there's been quite a bit of work done.
There's a lot more that needs to be done to satisfy
Mr.Davis and bring the old house up to 1994 Code specs.
Summer/Fall good weather seems to have departed so that
applying the dry wall to the outer wall along the eastern
extreme really should wait until Spring. We'd ask that
the Court consider this and continue the matter an
appropriate time for this to be done. There's also the
matter of applying for and securing financing to do this.
In the mean time, we will gladly keep the Court and
Messrs. Davis and Waltz updated every few weeks as to the
work completed.
lam'
W, t., for
RUSSELL VAN CAMP
Attorney at Law
enc: Copy Chief Chase's letter
Copy my letter to Chief Chase
Copy WWP print out
-3-
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Van Camp (8),
Bennion
TRIAL LAWYERS
W. 1707 BROADWAY
SPOKANE, WA 99201
TELEPHONE (509) 326-6935
FAX (509) 326-6978
W. Russell Van Camp
Irving H. Bennion
Dustin Deissner
* Bonnie Favor
also admitted in Idaho
Paralegals:
Sally Eva
Don R. Shaw
310ct941403
Paul Chase
Division Chief, Prevention Division
10319 E Sprague Ave
SPOKANE WA 99206
re: Winston A. Smith residence
3514 N Edgerton Road
Dear Chief Chase:
Thank you for responding to Mr. Smith's request to look at
his home as to its safety to occupy.
Mr. Smith will, this week, get larger numbers showing the
street address; that was item 1 of your report.
The sheetrocking of the garage we'd already been informed
about, but it seems best to do the plumbing items first
and then the sheetrocking. We've also already gone over
the double fire walling between the daughter's area and
the wash room -spa area.
As to item 4, I gather that notwithstanding the upstairs
has been a constantly inhabited area since the 1970's it's
now mandatory that homeowners install smoke detectors
according to the current code requirements for 1994. Will
you please send me a copy of that so I can go over it with
him. I do agree that having lots of smoke detectors seems
like a good idea, and they certainly are not very
expensive. I am concerned that you require them to be
interconnected so that if one sounds off, they all will.
I've just installed one in my own home and I'm not sure
that it's physically possible to connect them that way,
although it's not a bad idea. Is this a new requirement
for all homes in Spokane County? I'd like to have a copy
of a wiring diagram that would show how to do that as I
get a couple more, and one for the basement too and would
connect mine that way.
We've been told about the two upstairs bedroom windows.
Even though they are closer to the floor and are larger
than the ones in the house just to the South of Smith's
they are still non -complying.
I gather he must cut out the wall on the south side to
lower that window 7 inches. By the way, will the
neighbors have to do this too? I'm in touch with the
neighbors also, and surely hope not.
We're aware of the walls and their proximity to the East
and South property lines. I'm also sorry if the home
appears unattractive, but Mr.Smith and the neighbors all
thought it looked a whole lot nicer than it did in the
'70's and early '80's before he purchased and moved in.
We do appreciate your opinion as to the safety risk of
occupants and firefighters. Mr. Smith asked that I be
sure to thank you and the rest of the fellows for never
having brought that up when Ms Smith was alive and
wheelchair bound. If that had been brought up during
those years it would have been just one great worry to
her.
Rest assured, Mr. Smith is working on the problems as you
could see. Unfortunately for Mr. Smith, the estimate by
Mr. Davis and Mr. Myere of maybe $200.00 total for the
work seems to be a bit off. Thus far it over $2,000.00
and climbing steeply and that's just for the material.
I will make a report and have that delivered to Mr. Davis
and Judge Wilson this week.
Rc HAW,
W. RUSSRTJ. VAN C
Attorney at Law
drs
, for
c:cl/T.Davis/Court
Stan Waltz/S-R
SPOKANE VALLEY FIRE DEPARTMENT
Spokane County Fire Protection District No. 1
ca.
OCT , 1SQ4
10319 EAST SPRAGUE AVE. • SPOKANE, WA 99206 • (509) 928-1700 • FAX (509) 927-2227 _
Karl Bold
Fire Chief
Tom Davis
County of Spokane
Building Codes
1026 W. Broadway
Spokane, WA 99260
October 14, 1994
Dear Mr. Davis:
I met with Mr. Winston Smith of 3514 N. Edgerton Road
regarding the safety of his duplex. He asked me to verify
its safety to occupy until he completes remodeling the
duplex.
Mr. Smith showed me most of the home inside and out. I told
him we have the following safety recommendations:
1. Address the building so it can be seen from the street.
2. Install the proper fire rated sheetrock separating the
garage from the living area. Pay particular attention
to properly fill all plumbing and wiring chase holes.
There are currently flammables in the garage.
3. Install proper fire rated walls separating the two
halves of the duplex.
4. Install smoke detectors according.to the current code-.
a. Detector.in each of the two upstairs bedrooms.
b. Outside the bedroom and in the lower level entry way
Be sure they are interconnected so if one rings they all
ring.
5. The two upstairs bedroom escape windows do not comply.
The north bedroom window does not exit to the outside,
it goes to another room. In essence it does not have a
secondary escape. Both window sills are at 51". I told
him they needed to be 44"
RECE{VEO
OCI96±ell,
VAN CAV.V. 4 ,sENM 0N, P S
2
Tom Davis
Building Codes
3514 N. Edgerton Road
Page Two
This duplex is a very confusing and unattractive remodel job.
It appears there are additional problems that need correction
to be a good neighbor. The south wall appears to be one foot
from the property line. The east wall appears to be on the
property line. .I am basing that assumption on the fence
locations. I did -some rough measurements of the home. It
was 79' 10" wide by 40' deep with a 5 1/2' jog inward in the
rear. The approximate size of the main floor is over 3,000
square feet.
It is my conclusion that there is a high life safety risk of
occupants and firefighters in the event of a fire. Safety
corrections should be made as soon as possible. I am not
familiar with zoning and building requirements concerning set
backs, but they need to be corrected.
Sincerely,
Paul Chase
Division Chief
Prevention Division
PC:sg
- Enclosure