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RobertT (Colorado)
Posts: 40
Posted:
I been informed that I am in violation of a fire code for having Decorated our hallway with Pictures and some plants. I have ten days to remove them or I will incur a fine of $25.00.

The hallway is part of the common area and these pictures have improved the beauty of our common area. We also put a plant in the hallway our hallways are 6 feet wide but they are saying that this in violation of the local fire code.

I did submit a request, although it must have been denied by the current board.

Any Ideas, does this sound right or are they making a personnel attack on me by making the hallways look nice.
JohnB7 (South Carolina)
Posts: 176
Posted:
hallways may NOT be obstructed in any manner .................................

check the NFPA
Jadedone4 (Virginia)
Posts: 495
Posted:
RobertT, there are few flaws in your post.

First YOU have no hallways if they are commone area, therefore YOU cannot and should not be decorating them in any way, shape or manner. Now I will admit that I am unsure about the "rational" for barring pictures on a wall, and how that would impact fire codes, but plants are definitely an obstruction. I do not believe that "beauty" should over-rule the required safety requirements in the code.

You then mentioned that there was a request made, and obviously denied, as such, why would you place decorations in the hallway, without permission?

Even it the players and situation were "personal" you still violated the rules of the Association by ignoring them.
RobertT (Colorado)
Posts: 40
Posted:
Thanks I see that even though they are not blocking anything that they can move thus causing a sort of blockage.

This also means that holiday decorations on the doors should also be eliminated since they are in the hallway... right?

What if the pictures are hung high in the stairwell about 10 feet up.

Are you saying that nothing can be in the common area?

Any ideas on what can make the hallways nicer without breaking fire codes?

Thanks,

Bob
RobertT (Colorado)
Posts: 40
Posted:
The pictures are metal and very professional they make the area nicer.

I did not know I was in voliation until the Maintenance Man steped me aside and told me to take them down.

He said I needed to send in request which I did.

Next thing was a got the violation letter.

I will happily remove the Plant and the two pictures in the hallway, although I belive the other two should stay to enhance the beauty.
BradP (Kansas)
Posts: 2,640
Posted:
Robert

One thing I have learned in my time is don't mess with fire codes. That is all I got.
GlenL (Ohio)
Posts: 5,491
Posted:
You can always make a phone call to your local firehouse (make sure you use the non-emergency line) to find out if it's a fire code violation. However if your CC&R's require Board approval you should have that first.

Our documents also ban placing items on the common elements (Ohio term) without BOD approval; however over the years we've allowed the homeowners latitude to decorate their buildings as they like. This is done on a building by building basis with the BOD only getting involved if there is a complaint. This has led to some interesting things migrating into the hallways, one building has a six foot suit of armor; but it works for our community.

Studies show that 5 out of 4 people have problems with fractions
RobertT (Colorado)
Posts: 40
Posted:
Glen,

Your idea was great.

I contacted the Fire Department and talked with the Fire Marshall. He was not overly concerned that the pictures posed an issue, although he wanted to come over and see the 4 pictures and the Plants to make any determination if the Management company is correct in saying that this is Local Fire Code Violation.

I will keep you updated after they perform the inspection.

Funny...that right after calling the Fire Department the Management company called me and explained that the pictures may not have posed a Fire Code issue after all and that they were just worried about me making holes in the walls.

Although they admitted that the pictures may not appeal to everyone most of my Neighbors love them and don't want them to go away.

Hopefully the Fire Department will sign off on them and I can present it at the Board meeting.

Thanks,

Bob

More to come
PaulM (Pennsylvania)
Posts: 1,347
Posted:
RobertT: I commend you for your interest in wanting to make your living space better for all; however, you now realize you must stay within safety codes. IMO, the pictures would not pose the same liability certainly as the plant which obstructed the walkway.

Since the Management Company is concerned about you 'putting holes in the walls'..., have you thought about requesting to form a Committee of residents to discuss ways to brighten up the halls, which would allow others to also give input, and YOU would not be acting alone. You could discuss ideas/suggestions together and present them to the Board for their OK before implementing any changes. With the holiday season upon us, you might hold a
contest on the 'best decorated door' (all within the safety code, of course.

This is an opportunity for residents to come together, to share ideas for a common goal. There are many other ways to enhance the walls; give yourself the time to get your heads together and I'm sure something can be initiated to make the walls attractive. If you need some ideas, check back with us.

GloriaM (North Carolina)
Posts: 829
Posted:
The hallways are common area and only the HOA can decorate them in accordance to the insurance policy and yes fire codes.

I managed in NJ many low-rise and hi-rise buildings where the Code Enforcer and the Fire Marshal would make frequent visits to inspect.

First and far most the HOA cannot just assess a fine without bringing you to a hearing. The violation letter may have warned you that you were in violation and the possibility of a fine if you didn't remove.

I would suggest you remove them ASAP. I would then encourage you to ask the ACC and board for a meeting so you all can discuss the possibility of sprucing up your hallways in accordance with the local laws.
BradP (Kansas)
Posts: 2,640
Posted:
The HOA may not be able to just fine you, but the fire marshall can. Even though the HOA would be liable for that fine they would look for the individual who put it there and would try to pass it on.
MicheleD (Kentucky)
Posts: 4,491
Posted:
I always have issues with people trying to do end-arounds by getting everyone's permission EXCEPT the one entity from which they are required to obtain permission.

The reason for the denial is less of a concern to me (allegedly fire codes) than the fact that the request was denied. It doesn't technically matter what their reason was. They are responsible for the integrity of your association's documents, and part of that responsibility includes maintaining the common areas. I know our board would not be too likely to allow someone's personal items to remain (encroaching?) on common area.

In answer to your specific question as to whether any of us think you are being picked on: No. I don't think you are being picked on. Whatever their reasons, or even if they have NO reason, the "sprucing up" was denied and, as such, you should comply immediately.

Not doing so will most likely make them less likely to listen to any appeal you may have since, in their eyes, you are appearing to consider yourself above the rules. Boards and Arch. Committees tend not to respond to favorably to people who feel the rules shouldn't apply to them.

If you want YOUR corridor "spruced up," it's likely other buildings would like theirs done so as well. What I see as a BETTER solution than allowing individuals to place personal items in the common areas would be for the board to consider creating a "corridor beautification committee," and then the Association can spend Association funds on Association-owned common area to the betterment (enrichment) of the residents. The committee would then be charged with "sprucing up" all hallways with appropriate, fire code-safe improvements, and the common areas would then not only be prettier, but also would maintain a consistent look and feel between buildings.

So your "end-around" maneuver should be made directly to the board, to request that you sit on a committee that they create to "spruce up" the hallways.

If the majority of residents agree that this is a priority for them that they want Association funds spent on, then go for it. BUT just having a handful in your building make that call is not only not appropriate, but apparently also not in keeping with the CC&Rs if in order to do so you need ACC approval, not "nearby neighbor" approval.

RobertT (Colorado)
Posts: 40
Posted:
I was sent a Fire Code Violation 1st notice pending a $25.00 dollar fine. The Fire Marshall has inspected the hallways and stairwell and has found no evidence of any Fire codes being broken.

On November 30, 2007 I was issued a Intent to Fine Letter because I had attached some pictures in the common area hallways and one plant because they were a Fire Hazard and Constitute a Violation of Local Fire Codes.

I contacted The L******* Fire Department and the Fire Marshall Preformed an inspection and the result was that I did not violation any Fire Codes and that the pictures on the wall and other items did not Consitute a Violation of the Local Fire Codes.

I would like the Mangangement Company to review the Local Fire Codes and make sure that they are versed about Fire Code Violations before they send out Official Violation Letters to the Tenants.

I submitted a Request form to Them that was ignored and as always, just like the Emergency Assessment that they sent out, they did not inform me in any manner before the Violation was Enforced.

I would like Them to allow the Tenants of Building 130 To keep these Beautification Items (i.e. Pictures and Plants)since they were not justified in sending out this Fire Violation letter.
GlenL (Ohio)
Posts: 5,491
Posted:
RobertT as Michele so aptly pointed out you made the changes without approval of the Board or ACC, this means they are within their rights to act to rectify the situation. Just because the neighbors tell you to your face that they love what you've done; it doesn't mean that's what they're saying to the BOD. I would appeal the fine, I don't believe in Colorado it can be enforced without an appeals process.

Studies show that 5 out of 4 people have problems with fractions
BradP (Kansas)
Posts: 2,640
Posted:
Robert:

First off, no hearing, then no fine...Roger can probably give you a better answer, but you are allowed a hearing first before you are issued a fine. Secondly, you need to have approval before you do anything on common property, I understand what you want to do, but you are not the owner, the HOA is.

If they are basing their fine on being a fire code violation I would inform them that you talked to the fire marshall, he visited and saw no violation and encourage them to do the same.

Botton line, you need permission...you didn't get it, try to work out a compromise.

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