Code Enforcement a Building Concern in Wheeling
Some Say Rules Stand? In Way Of Development
WHEELING — Pretty much everyone, regardless of whom one asks, believes communication must improve between private developers and city administration regarding inspections and building codes in Wheeling.
Nancy Prager, Wheeling’s director of economic and community development, said the city does not intend to restrain construction or make projects more difficult. City inspectors simply must follow code — much of which is dictated by the state of West Virginia — to ensure properties are safe. In certain situations, she admits, this will convince residents or contractors to vilify the city.
“By our inspector sticking to his guns because he knew right was right, that homeowner feels we impeded the progress,” she said. “But what we did was (we) made sure that down the line, there wasn’t some kind of friction that could happen. But that person probably went out and told 10 or 15 people in that 24 hour span, ‘You wouldn’t believe what these inspectors are doing to me now.'”
A conversation about Wheeling’s codes and their impact on development has taken shape in the last few months through various channels, including the city’s ad hoc Workforce Housing Committee.
Members, tasked by Mayor Glenn Elliott to analyze the local housing market, have discussed various obstacles in the way of new construction, and the subject of building codes has been raised.
Committee Co-Chair Susan Hagan, an employee of Harvey Goodman Realtor, said communication is a top complaint from developers large and small who want a better understanding of code expectations and the city’s permitting process. She also said fire codes are stricter in Wheeling than other cities, and this makes it difficult to reuse and convert many older structures.
Hagan said no one necessarily wants codes relaxed at the expense of safety, but said more flexibility would be welcome. Specifically, she referenced a policy which mandates every building possess its own fire escape, even though rowhouses or proximal structures could possibly share exits while cutting costs for builders.
Assistant Fire Chief Ed Geisel said when fire codes are mentioned, people tend to grow defensive because they assume the conversation will be worse than it really is.
“They’re the ones I think we need to educate,” he said.
Primarily, Geisel said, fire code inspectors pay attention to building exits, and said 90 percent of violations are corrected on-site without a fine. He said the codes, most of which West Virginia has adopted from the National Fire Protection Association, are written in response to tragedy with the aim of preventing future injury or death.
He believes the fire department makes an effort to work with builders when designs conflict with code.
Prager offered a similar statement, saying inspectors make a point to offer suggestions.
Geisel said historic buildings present the most difficulty because they were typically built for a certain purpose, and not the one sought in a conversion project. He said it’s difficult to make these significant changes deemed necessary by code — especially on a budget.
Hagan agreed that developers are sometime reluctant to shoulder the cost of such changes.
Steve Johnston, who is retired from the Wheeling Fire Department, said it costs a certain amount to do business. He said to place code and safety “down the list” is a misplacement of priority, and if a developer cannot spend the money, their business plan likely wasn’t an effective one.
Johnson said the system doesn’t appease everyone all the time.
He said a property owner either believes code enforcement is unfairly targeted or too forgiving. It’s all a matter of perspective, Johnston believes.
Prager said it may even depend on the day. She said the inspectors are human, and referenced situations in which property owners and code enforcers experience tension because of things such as tone of voice, mood or personalities unsuited for one another. While it’s not an excuse, she said these challenges do exist.
“We’re human,” Prager said. “I’m sure our inspectors have bad days like anybody else. A lot of times it’s just the interactions between individuals.”
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