Permits & Inspections
Unsafe Structures
Section 115 Unsafe Structures and Equipment
115.1 Conditions. The conditions for unsafe structures are: “structures or existing equipment that are or hereafter become unsafe, unsanitary, or deficient because of inadequate means of egress facilities, inadequate light and ventilation, or which constitute a fire hazard, or are otherwise dangerous to human life or the public welfare, or that involve illegal or improper occupancy or inadequate maintenance, shall be deemed an unsafe condition. Unsafe structures shall be taken down and removed or made safe, as the building official deems necessary and as provided for in this section. A vacant structure that is not secured against entry shall be deemed unsafe” (2003 International Building Code Section 115.1).
115.2 Record. ”The building official shall cause a report to be filed on an unsafe condition. The report shall state the occupancy of the structure and the nature of the unsafe condition”.
115.3 Notice. “If an unsafe condition is found, the building official shall serve on the owner, agent, or person in control of the structure, a written notice that describes the condition deemed unsafe and specifies the required repairs or improvements to be made to abate the unsafe condition, or that requires the unsafe structure to be demolished within a stipulated time. Such notice shall require the person thus notified to declare immediately to the building official acceptance or rejection of the terms of the order”.
115.4 Method of Service. The method of serving this notice is deemed properly if a copy thereof is (a) delivered to the owner personally; (b), sent by certified or regular mail addressed to t 8/11/10 1:00 PM requested; or (c), delivered in any other manner as prescribed by local law. If the certified or registered mail is returned showing that the letter was not delivered a copy thereof shall be posted in a conspicuous place in or about the structure affected by such notice. Service of such notice in the foregoing manner upon the owner’s agent or upon the person responsible for the structure shall constitute service of notice upon the owner.
115.5 Restoration. The structure or equipment determined to be unsafe by the building official is permitted to be restored to a safe condition. To the extent that repairs, alterations or additions are made or a change of occupancy occurs during the restoration of the structure, such repairs, alterations, additions or change of occupancy shall comply with the requirements of Section 105.2.2 and Chapter 34 of the 2003 International Building Code.
Section 115 is referenced from the 2003 edition of the International Building Code.
Pictured here is an above ground pool in the rear of the same property that was overgrowing with algae.
Pictured: The Washington County Zoning Inspector takes a picture of the algae covered pool. This pool is an unsafe structure because there is not any type of fence and/or gates surrounding the pool to enclose the structure. These types of violations are a life-safety issue and should be reported to the Washington County Health Department immediately. The Washington County Health Department can be reached at (240) 313-3200.
HOW TO TELL WHEN A BUILDING IS DEEMED UNSAFE
A building designated unsafe will have the above DANGER sign posted on all entrances of the building. DO NOT REMOVE THIS SIGN UNLESS AUTHORIZED BY THE PERMITS AND INSPECTIONS DEPARTMENT CODE OFFICIAL OR BY THE COURTS! DOING SO IS A LIFE SAFETY VIOLATION AND IF AN ACCIDENT HAPPENS BECAUSE OF THIS YOU COULD BE HELD LIABLE!
What Causes a Structure to be deemed unsafe?
A Structure is deemed unsafe if the Code Official determines that the structure is dangerous to the life, health, property, or safety of the tenants by one of the following criteria:
- Failure to provide minimum protection from fire
Note how the structure was severely damaged by a fire, upon inspection inside of the building the stairs leading to an attic were found damaged.
- The structure is so damaged, decayed, dilapidated, structurally unsound, dangerous, or of such faulty construction or unstable foundation that the structure is likely to partially or completely collapse.
- A structure is unfit for human occupancy or use if the Code Official determines that the structure is unsafe, unsanitary, has an infestation, contains filth or contamination, lacks ventilation, sanitary, or heating facilities, or other essential equipment required by the Washington County Livability Code.
Page Modified
8/11/10 1:00 PM
