1995, 04-03 Declaration of Defendant1
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DISTRICT COURT, SPOKANE COUNTY, WASHINGTON STATE
STATE OF WASHINGTON,
COUNTY OF SPOKANE,
Plaintiff,
-vs-
WINSTON A. SMITH,
Defendant.
Nr. P 93-1208
SUPPORTING DECLARATION OF
WINSTON A. SMITH
WINSTON A. SMITH, the Defendant, declares and states as
follows:
I am Winston A. Smith, 3514 N Edgerton Road, Spokane,
WA., and I am the defendant in the above captioned matter.
Since the last appearance in Court, and pursuant to the
directions of the Spokane County Building Department, I have
done the following:
A. I have torn off the decorative interior cedar wood
finishing from the easterly wall of the upstairs storage
area, and removed the window that was in that wall. I h
Z
the window with two windows opening. Each of the
ew openings has an insulated window on both the inside and
a second insulated window on the outer face of the wall,
thus giving thre,
a protect' n o four panes of glass in
Bch opening. 7� R� 7DV
1 ilavC, v ••c ......�..� ��...... .,
covered that entire wall from North to South with 5/8's inch
fire rated sheet rock.
This is illustrated in pictures 1-3. Photo 1 is
taking looking to the South from the corner of the room and
shows approx. half the length of the wall. Photo 2 shows
Van Camp C&
Bennion
TRIAL LAWYERS
W 1707 BROADWAY
SPOKANE. WASHINGTON 99201
FAX (509) 326 6978
TELEPHONE 1509) 3266935
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the balance of the length of the wall, also looking
Southerly and into the closet and showing the far South wall
at the back of that closet. Photo 3 shows the same wall but
looking to the North towards the northeast corner of the
wall where it angles 902 to the West.
B. I have insulated the roof over the daughter's
living area, and closed off the opening to the East. I'
also covered the entire underside of the roof with
as a further insulation. ,' /`I t-e
C. The metal circular stair well has been received nd
installed. Photo 4. The center post of that stair set is a
3" steel pipe, and there are steel supports radiating from
the top of it at the connection with the floor overhead.
All of the supports suggested by the Engineer in his report
already in the Court's file have been installed.
D. The entryway into the house has been re -dry walled
with 5/8th inch fire rated sheetrock.
E. There was a skylight above the stairs for
illumination. Mr. Davis of the Building Department wanted
that removed. In accordance with his wishes, it has been
removed, the room covered over the opening, the area
insulated and the ceiling dry walled where the lite used to
be. The stairwell is not well illuminated as it had been
before however.
F. To cure the dark stairwell that resulted from
filling in the skylight, I have installed illumination at
the edge of the bottom step and up the curving hand rail.
I've also installed two new ceiling lights in the entryway.
Then I installed the emergency light, consisting of a double
set of flood lights connected to a sensor that will
automatically turn them on if the power fails. They are
Van Camp 12,
Bennion
'P:AL LAWYERS
21 1707 BROADWAY
SPOKANE ::ASHINGTON 992C 1
PAX 509)3266973
TELEP--ONE (509) 326 5935
-2-
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battery operated and the battery is kept continually charged
by being connected
G. The smoke
make all sound off
to the electrical wiring.
detectors are installed but the wiring to
if any one does is not completed. I've
not figured out how to wire them in that manner. (Photo 7)
This photo also shows the emergency light system in the
entry way.
We have repeatedly requested assistance and
direction in this matter from Fire Chief Chase. I'm trying
to do this to the satisfaction of Chief Chase. However,
we've tried repeatedly during the past few months, through
Mr. Van Camp's office, to learn how to do what he wishes and
from where to purchase the particular detectors he wants
installed, but for reasons unknown to us, the Chief will not
respond to any of the written inquiries, which were hand
delivered to his office.
H. For safety, and because the stairwell is not as
well illuminated as before the skylight above it was
removed, I have had installed wrought iron railing at the
stairwell and down the curve of the stairs.
This photo and number 4 before it, both show the
top of the
(Photo 5)
3" steel
I.
front of
center support to which the stairs are affixed.
I have affixed the larger house numbers on the
the house that Chief Chase requested, and they are
of the 5" height he suggested. (Photo 6) I've also ordered
a solar powered, illuminated, house number mechanism for the
front of the yard. It will be set when it's received. Mr.
Shaw at Van Camp's office has suggested that possibly Chief
Chase might have reflective tape such as used by the
State/County Highway Departments and that the number would
be even more evident were they covered with that material.
-3-
Van Camp 0,
Bennion
TR:AL LAWYERS
A. 1707 eROAOWA?
SPOKANE WASHNGTON 99201
FAX i509) 326.6970
TEL'_RHONE 0 509132E+.555
I'll certainly inquire of the Chief.
J. I have installed the additional support from the
concrete base on which the house sets up to the cross beam
that the Court felt appeared to be bowed. It's not bowed
any longer, and a level shows it to be almost perfectly
straight and level.
The support given to the over head beam has been
encased with 5/8's inch fire rated sheet rock.
K. The entire storage area that is at the back of the
building, running northerly -southerly, and right against the
eastern property line: The floor has been newly concreted.
The walls have all been insulated, lights installed the
entire length of the area, and then per the inspector's
direction a double layer of 5/8's fire rated sheet rock
affixed. The inspector had said when the Court was
inspecting the premises that he thought it would be nice if
that wall had a double layer of 5/8's inch fire rated 'rock
as a safety measure and I've done just that.
This is the same area, as well as the entrance way area
that also has 24 gauge galvanized metal lining the walls
from ground to ceiling. I've not ben able to find any facts
or figures as to the fire resistance of that metal but am
sure it's most substantial.
L. The new forced air heating system is being
installed. All the duct work has to be built to fit the
house. Some of it is already installed, the remainder is
being formed and will be installed when done. Then the
wiring to the electrical heaters will be pulled.
1. The plumbing was completed months ago, before the
last hearing date. That was under the floor of the living
room and kitchen. However the heating duct work has to fit
-4-
with in the floor joists, and it's not completed. When it
is, the area will be insulated and then sheet rocked - with
5/8's inch fire rated 'rock.
2. The neighbors on the East and South of the house
both have expressed pleasure at learning that I will be
covering the entire building with new (and all of one kind)
siding.
The southerly neighbor and I have agreed to remove
a part of the fence along our joint property line so that he
will have access to my shop and tools when he needs. He is
working on his house and will thus have pneumatic equipment
with which to work.
I do declare under penaltyof perjury under the laws of
the State of Washington, that the above is true and corre L.
Signed this 3rd day of April 1995.
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DISTRICT COURT, SPOKANE COUNTY, WASHINGTON STATE
STATE OF WASHINGTON,
COUNTY OF SPOKANE,
Plaintiff, Nr. P 93-1208
-vs-
WINSTON A. SMITH,
Defendant.
SUPPORTING DECLARATION OF
WINSTON A. SMITH
WINSTON A. SMITH, the Defendant, declares and states as
follows:
I am Winston A. Smith, 3514 N Edgerton Road, Spokane,
WA., and I am the defendant in the above captioned matter.
Since the last appearance in Court, and pursuant to the
directions of the Spokane County Building Department, I have
done the following:
A. I have torn off the decorative interior cedar wood
finishing from the easterly wall of the upstairs storage
area, and removed the window that was in that wall. I have
replaced the window with two windows opening. Each of the
new openings has an insulated window on both the inside and
a second insulated window on the outer face of the wall,
thus giving the fire protection of four panes of glass in
each opening.
I have, after stripping off he cedar finish,
covered that entire wall from North to South with 5/8's inch
fire rated sheet rock.
This is illustrated in pictures 1-3. Photo 1 is
taking looking to the South from the corner of the room and
shows approx. half the length of the wall. Photo 2 shows
Van Camp al
Bennion
TR:AL LAWYERS
W 1707 BROAOWAY
SPOKANE WASHINGTON 99201
FAX 1509) 326.6979
TELEPHONE 1509) 326-6935
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the balance of the length of the wall, also looking
Southerly and into the closet and showing the far South wall
at the back of that closet. Photo 3 shows the same wall but
looking to the North towards the northeast corner of the
wall where it angles 90° to the West.
B. I have insulated the roof over the daughter's
living area, and closed off the opening to the East. I've
also covered the entire underside of the roof with a plastic
as a further insulation.
C. The metal circular stair well has been received nd
installed. Photo 4. The center post of that stair set is a
3" steel pipe, and there are steel supports radiating from
the top of it at the connection with the floor overhead.
All of the supports suggested by the Engineer in his report
already in the Court's file have been installed.
D. The entryway into the house has been re -dry walled
with 5/8th inch fire rated sheetrock.
E. There was a skylight above the stairs for
illumination. Mr. Davis of the Building Department wanted
that removed. In accordance with his wishes, it has been
removed, the room covered over the opening, the area
insulated and the ceiling dry walled where the lite used to
be. The stairwell is not well illuminated as it had been
before however.
F. To cure the dark stairwell that resulted from
filling in the skylight, I have installed illumination at
the edge of the bottom step and up the curving hand rail.
I've also installed two new ceiling lights in the entryway.
Then I installed the emergency light, consisting of a double
set of flood lights connected to a sensor that will
automatically turn them on if the power fails. They are
Van Camp 0, rBennion
TA:AL LAWYERS
1707 SROAOwAY
SPOKANE WASHINGTON 99201
PAX 1509) 326-6978
yT\
ONE 15091326E5 \:C pVI
TELEPHONE
-2-
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battery operated and the battery is kept continually charged
by being connected to the electrical wiring.
G. The smoke detectors are installed but the wiring to
make all sound off if any one does is not completed. I've
not figured out how to wire them in that manner. (Photo 7)
This photo also shows the emergency light system in the
entry way.
We have repeatedly requested assistance and
direction in this matter from Fire Chief Chase. I'm trying
to do this to the satisfaction of Chief Chase. However,
we've tried repeatedly during the past few months, through
Mr. Van Camp's office, to learn how to do what he wishes and
from where to purchase the particular detectors he wants
installed, but for reasons unknown to us, the Chief will not
respond to any of the written inquiries, which were hand
delivered to his office.
H. For safety, and because the stairwell is not
well illuminated as before the skylight above it was
removed, I have had installed wrought iron railing at the
top of the stairwell and down the curve of the stairs.
(Photo 5) This photo and number 4 before it, both show the
3" steel center support to which the stairs are affixed.
I. I have affixed the larger house numbers on the
front of the house that Chief Chase requested, and they are
of the 5" height he suggested. (Photo 6) I've also ordered
a solar powered, illuminated, house number mechanism for the
front of the yard. It will be set when it's received. Mr.
Shaw at Van Camp's office has suggested that possibly Chief
Chase might have reflective tape such as used by the
State/County Highway Departments and that the number would
be even more evident were they covered with that material.
-3-
Van Camp Q.
Bennion
TRIAL LAWYERS
.V 1707 OROAO%A!
SPOKA\E, 'WASHINGTON 99201
FAX 66091326,6978
TELEPHONE i 5091326-69
as
I'll certainly inquire of the Chief.
J. I have installed the additional support from the
concrete base on which the house sets up to the cross beam
that the Court felt appeared to be bowed. It's not bowed
any longer, and a level shows it to be almost perfectly
straight and level.
The support given to the over head beam has been
encased with 5/8's inch fire rated sheet rock.
K. The entire storage area that is at the back of the
building, running northerly -southerly, and right against the
eastern property line: The floor has been newly concreted.
The walls have all been insulated, lights installed the
entire length of the area, and then per the inspector's
direction a double layer of 5/8's fire rated sheet rock
affixed. The inspector had said when the Court was
inspecting the premises that he thought it would be nice if
that wall had a double layer of 5/8's inch fire rated 'rock
as a safety measure and I've done just that.
This is the same area, as well as the entrance way area
that also has 24 gauge galvanized metal lining the walls
from ground to ceiling. I've not ben able to find any facts
or figures as to the fire resistance of that metal but am
sure it's most substantial.
L. The new forced air heating system is being
installed. All the duct work has to be built to fit the
house. Some of it is already installed, the remainder is
being formed and will be installed when done. Then the
wiring to the electrical heaters will be pulled.
1. The plumbing was completed months ago, before the
last hearing date. That was under the floor of the living
room and kitchen. However the heating duct work has to fit
-4-
with in the floor joists, and it's not completed. When it
is, the area will be insulated and then sheet rocked - with
5/8's inch fire rated 'rock.
2. The neighbors on the East and South of the house
both have expressed pleasure at learning that I will be
covering the entire building with new (and all of one kind)
siding.
The southerly neighbor and I have agreed to remove
a part of the fence along our joint property line so that he
will have access to my shop and tools when he needs. He is
working on his house and will thus have pneumatic equipment
with which to work.
I do declare under penalty. of perjury under the laws of
the State of Washington, that the above is true and correc
Signed this 3rd day of April 1995.
-5-