Under the Radar

As a professional residential remodeler, I feel that it is my job to ensure that all of the other remodelers are playing by the same set of rules. So when I see a project that requires proper permits to accomplish, naturally I get nosy. It is not that I am the only one that is qualified to do the work, but there are folks that have no business doing intricate structural projects, or those jobs in the historic district, without the proper approvals.

That being said, I noticed a fairly involved remodeling project occurring in the neighborhood without a sign indicating that it might be another remodeler attempting to do a project “under the radar” so to speak. Of course, I checked to make sure that a permit was taken out. I noticed several trucks with out of county license plates, so I figured it was just a couple of friends doing the work. To my surprise, there was a permit. The project involved bearing walls and a rather substantial addition on a pre 1978 home. When I asked which contractor was doing the work, it became obvious what was happening.

Boise City

The home owner had taken out the permit. Stunned, I got to thinking: in whose best interest is it to have the home owner take out the permit?

This is not the typical situation That we have seen over the years, where a “trunk slammer” handyman that gets the work for cheap and never even gets a permit. This is a new twist and a seriously disturbing case. First off, it minimizes the importance of the remodeling profession. It also opens up the home owner to a boatload of potential problems that I am sure are underappreciated by all parties.

Just because you can doesn’t mean you should.

• Can you represent yourself in a court of law? Yup. Is it a wise move? Who knows? If you win, you might say so.

• Can you read about how to surgically remove an appendix? Are you prohibited from taking your own out? Nope, Is it a wise move? I suppose if you survive without complications you would save a bunch of money.

• Take home birth, however. What could go wrong? It is a game of odds, I suppose. I have delivered lots of healthy babies, and there were minor complications, that I dealt with. Despite that fact, I chose to not take a chance on my own children.

So why not remodel your own home?

BENEFIT

1. 

   Building Permit

   You get to save a few bucks, because there is no markup on materials or labor.

2. You are ultimately responsibility or the quality of the project yourself.
3. You have no one else to blame if something goes wrong.
4. Everyone is an hourly laborer, so you can yell at them when they go to the bathroom for too long or are taking excessive cigarette breaks.
5. You can fire the lazy ones and just hire other people when you want.
6. The permit cost is the same whether you are a contractor or home owner
7. It may have taken longer, but getting an architect to draw the the plans will be comparable.
8. Your time getting the permit is free. Or is it?
9. You as a home owner are not responsible for doing LSWP (lead safe work practices) and can easily con some guys into taking the risk.

PITFALLS

Framing

In a recent case, I took over for an owner that had hired a masonry contractor who was working beyond his capabilities and was about to do something that made no sense to the owner. He was fired and I was hired to complete the work. There was additional cost involved and a wasted several weeks not to mention the confrontation and the anxiety.

• The home owner most likely had no lead testing done. Odds are that the home that is leaded will be remodeled the old fashioned way and poisoning the family and workers will be a crap shoot.
• This does not exempt the workers from being responsible for taking all the same lead safe work practices that I have to take. If there is any compensation, you must be a lead safe firm and have at least one lead safe certified worker as well as document the lead safe work practices and do clean verification.
• There is no general contractor, so they most likely just hired some guys that build homes to come do the work for an hourly wage.
• One of my clients had a heart attack doing this (fortunately it was a small one)
• There is no contract so if anything goes wrong there is a enormous liability to the owner.
• There is no schedule, so it is anyone’s guess as to what is happening. There is  a fairly steep learning curve as to when required inspections are due, but with some help it can be done. The inspectors are reasonably helpful in this area. It is the ones that don’t have inspections that are at a greater risk.
• Ordering time sensitive materials can be a problem, but with some planning ahead it can be done.
• Once the place is framed in and sheeted anything on the inside can be done be a handful of other subcontractors out of the phone book. And before you know it, you have completed your first remodeling project.

Here is my take on why this is happening: money is tight, so why pay someone like me to do anything? If cost was not an issue, sure, have the work done by a professional.

RISK

How Much Risk Do You Want?

Those of you that are risk adverse should not consider this. Here are some of the real life concerns that I have:

1. None of the carpenters have workman’s compensation insurance. If one falls from the roof of cuts a hand off. Who are they going to go after?
2. Say one of the subcontractors who you pay decides not to pay their concrete bill for instance. Who is going to get the bill?
3. Say they cut into a water line and flood your home? Who is responsible for that?
4. Say the roof is done, you’ve saved some money, and the guy seemed really nice, but the roof leaks into your nice new room. So you call the roofer and they say it is the framers fault, who is responsible for that?
5. Say that a year from now, the addition starts to sink into the earth and the doors don’t fit right anymore.

The point is that I can go on and on. Is the up side of flying under the radar really worth it?

Disclaimer: Some of these images came from the WEB. If they are yours, and you object to them being used, please claim them and I will gladly remove and replace them at once.

Caution, Warning

Late one Saturday afternoon I received a call from a homeowner that had just fired his contractor. My first thought was :

Danger-Danger!!!   yellow flags     Warning- Warning!!!

He wanted to hire me to finish things up. It turns out he had fired his carpenter which is an entirely different thing.

This doesn’t happen very often and being a contractor myself I was worried that there was a difficult client rather than an incompetent general contractor at the root of the problem.

Turns out the client was right and the carpenter was having all sorts of problems that made it reasonable to take over the project.

1. Chief among the problems was that they were not showing up.
2. The carpenter was used to working for a contractor and had no idea about what being a general contractor is all about.
3. They were giving bad advice that didn’t make sense to the client’s “common sense”

The best part about things is that the client and his contractor parted on amicable terms.

When I arrived I found a bathroom update project that was on the verge of going sideways and was easily altered to create a great finished project.

The root of the issue was that the owner decided to be his own general contractor and had depended upon others to work out the plan to begin with.

He was a veteran of a major remodel and it seemed like a fairly straight forward project. No walls to move, no stairways to build, or anything too complicated. His trades people were doing their thing but there was no leader. In a leaderless environment, everyone does what they think they should do causing commotion, confusion and a bad result.

As I have said in past articles, I applaud homeowners who call individual subcontractors to fix problems associated with their specialties IE: a Plumber to fix a faucet, or an Electrician to fix a switch.

“When it comes to several trades working together to accomplish a goal it is time to call a general contractor.”

Tools of the General Contractor

Here is what I as a General Contractor bring to the table:

1. Experience. This comes from making lots of mistakes over the years and learning from them.
2. Talent. This comes from assembling a group of talented employees that, like fairies and elves, make a lot of work seem like a little.
3. Credentials. Licenses, registrations, certifications, and insurance.
4. Subcontractors. these are the trades people that work well with the general contractor, have a relationship and communicate well together. They also guarantee their work.
5. Relationships. With vendors and subcontractors that get results.
6. Trust. This is the key to the relationship. Trust will ensure a great project.
7. A secondary guarantee. This means that it is the general contractors guarantee also covers the subcontractors work.
8. Organization. This comes from creating a structure, systems, and documentation that handle these sorts of projects year in and year out.
9. Knowing the law and having a contract. It is the general contractors responsibility to make sure the codes are followed to ensure a safe project is being done in your home.
10. Piece of mind. When I as a general contractor say “I’ve got it”, by golly that is what I mean.

At Levco Builders LLC. we are general contractors that specialize in remodeling in and around the Boise Idaho area. It is what sets us apart in the region. We make adding on to your home or upgrading it an enjoyable, collaborative, journey. Get rid of your general contractor phobias, let us show you what a great remodeling experience can be like. 

Your comments are welcome. To ask questions or get more information about remodeling, email me directly or visit our contact page.

Our Form

A lien is a legal document that can be place upon your home if a contractor, material supplier, or subcontractor is not paid.  Often called a mechanics lien, they can be anything from a threat, to a huge distraction and a serious infraction. As a contractor myself, I could place a lien on a property for non payment.

Thomas Jefferson first conceived of the idea to encourage construction in Washington. It is a way of guaranteeing payment to contractors and material suppliers who improve properties for a fee. In the event of non payment a lien could be placed upon the collateral property. If executed the property could be forced to be sold to satisfy the lien.

Lien releases are a tool General Contractors can use to ensure that the subcontractors and material suppliers have been paid to prevent a lien being placed in the first place. In the commercial world they are common. In the Idaho residential world this practice is rare. By signing one, the subcontractor releases the contractor from filing a lien against the home they worked on.

The mere mention of them and your contractor will start to squirm, change the subject, and beat around the bush. Truth be told it is a pretty powerful form.

I'll take that

Of course the legal profession has a specialist in the field, and this article in no way is an exhaustive exploration or explanation of all the ways that liens work. Our form has been approved by our construction law attorney and is specific for our type of work in our neck of the woods.
I’ll Take That

By law, anyone doing work over $2000 on a home in Idaho is obligated to supply a lien release. It is clearly outlined in the Idaho Homeowners Disclosure Form. Another opportunity to make your contractor develop a blank look and then squirm.

Turns out when you work for attorney clients, you get the benefit of having them shred your agreements (in a good way). I used this free constructive criticism to improve our forms and systems dramatically.

In the last few years, Levco has taken lien releases to a higher level, We have our subcontractors provide lien releases on final payment and has developed a form that can be given directly to the homeowner. Rather than supply them at a reasonable fee, Levco provides them at no cost for all contractors providing over $500 on each job prior to the owner paying the final installment.
Leaning on a home

Leaning on a home

There are still potential problems with the system. Just because I pay a bill in full does not necessarily mean that the subcontractor has paid his bills. This happened once when I paid a concrete subcontractor for the foundation work. Turns out he had re-subcontracted without my written permission to someone else (a prohibited practice now), and was in a dispute with the guy. The pumper truck and the concrete supplier threatened to lien the property. It was all resolved and we have never had a lien placed on a property but the threat was a huge distraction and is always there.

There is also the possibility that you as a owner could have to pay for the job twice. This occurred to a friend of mine who prepaid for a four-plex and the contractor went broke shortly after completion. He had not paid a bill. When it closed escrow, the owner found all the liens and had to fight them. She had insurance but essentially had to pay twice.

The mere fact that we have a form sets us apart from 70% of the other contractors in the area. The fact that we understand the law and use the form sets apart from another 25%. So if having your remodeling project lien free is something that interests you, please call Levco for an in home evaluation of your remodeling project.

License & Registration

For years I have listened to companies advertising/bragging that they are “Licensed and Bonded” as a sign of strength I suppose. Being “bonded” sounds strong and reputable. Truth is, being Licensed & Bonded really means something.

Here in Boise Idaho, if you are a residential remodeling contractor, no one is, “Licensed or Bonded” to me, these words are what I like to call “Weasel Words”. I am licensed by the City as a Responsible Person but that is a separate thing to do with Erosion and Sediment Control for the EPA. I am not really licensed as a contractor nor bonded for remodeling work for that matter.

Here is what I mean. As of January 1, 2006, all Contractors had to become recognized by the State of Idaho. That means we are all registered by the Idaho State Bureau of Occupational Licenses Department of Self Governing Agencies(That is a mouth full) as a  Contracting Business. This is just like Barbers, Morticians, Athletic Agents, & Cosmologists, to name a few. If you have work done for you by an un-registered company or person, you are not legally obligated to pay them. Sure there are fees and forms to become registered and it takes an investment in time (about fifteen minutes). However the truth is that we are far from regulated in the way licensing suggests. Most are, some are flying under the radar!

Bonded

Here is what Bonding means. according to answers.com

“A surety bond is a promise to be responsible for the debt, default, or failure of another. In most instances, bonds are required by federal, state, and local governments to protect the taxpayer dollars that are paying for the project. Surety bonds can also act as an element of pre-qualification. By being bonded, a company is saying that they have undergone the examination by a surety and has been qualified to do the project. It is designed to prevent any loss on the part of the obligee, and the pre-qualification process has assessed the financial strength of the principal as well as their expertise. The surety bond company is putting its assets and financial strength behind the contractor. Because of the rigorous pre-qualification, there is little expectation of loss in the surety bond relationship.”

Boiled down, it means that in the event a project couldn’t be completed by the company that was contracted… the bond could be used to hire a different company to finish the project. Bonded companies essentially do work for municipalities where a bond is required.

In asking around, there is no company that provides this service to residential remodelers even if you wanted to buy a bond. I was told that the one bond ever given to a residential project was for an Architect drawing Bill Gates home.

At Levco, we aren’t Licensed per se, or Bonded! Stick that in your pipe & smoke it! I suppose if you want to up the requirements for Contractors, it will take some lobbying of the legislators who are constantly preoccupied with other stuff. I welcome the day when it does happen. Until then we suggest doing your due diligence and checking out your contractor. In fact we created a booklet for you to do just that.

Although we are not licensed in the strict sense of the word, or bonded at all… I do run the business as if we were. Levco is insured as far as liability for 2 million dollars, as well as our personal property and equipment. Knock on wood, we have never had to use it, but it is there none the less. We are also covered for workman’s comp. That comes into play when an employee is injured on the job. It would also come into play if say someone that I have hired, that is not insured, gets injured. This is because we withhold the workman’s comp. from their pay as if we employed them.

If you are looking for a contractor and a company that takes this stuff seriously, and can separate the wheat from the chaff, then Levco is right for you.

Asbestos in the Raw

Asbestos is a mined substance commonly found in all sorts of building materials.  In the meantime it was used since the days of the ancient Greeks for its many fire resistant and its ability to be used as cloth. It has gone in and out of vogue. There had been suspicion about asbestos and health problems. It was not clinically associated with serious medical problems until the late 1920′s, when workers in the mines began to fall ill with lung disease, cancer and death at a young age, that asbestos became a known health hazard.

Here in Boise Levco brings samples to Materials Testing Incorporated to be tested. According to them they are the only lab in the region that does asbestos analysis using a special microscope and procedures that currently do this work.

Asbestos wrapped hot water pipes

Like Lead based paint, asbestos was pulled from the market in 1977 by the EPA; however existing stock piles were allowed to be used up so there may be new installations as late as 1986.

There are many building materials we come across when remodeling here in Boise Idaho that contained asbestos. The problem is that it breaks down into such minute dust particle that even HEPA vacuums can’t catch it all. Wet wiping is a better method of containing dust created during removal.

This list from the EPA website is very complete

• STEAM PIPES, BOILERS, and FURNACE DUCTS insulated with an asbestos blanket or asbestos paper tape. These materials may release asbestos fibers if damaged, repaired, or removed improperly.
• RESILIENT FLOOR TILES (vinyl asbestos, asphalt, and rubber), the backing on VINYL SHEET FLOORING, and ADHESIVES used for installing floor tile. Sanding tiles can release fibers. So may scraping or sanding the backing of sheet flooring during removal.
• CEMENT SHEET, MILLBOARD, and PAPER used as insulation around furnaces and wood burning stoves. Repairing or removing appliances may release asbestos fibers. So may cutting, tearing, sanding, drilling or sawing insulation.
• DOOR GASKETS in furnaces, wood stoves, and coal stoves. Worn seals can release asbestos fibers during use.
• SOUNDPROOFING OR DECORATIVE MATERIAL sprayed on walls and ceilings. Loose, crumbly, or water-damaged material may release fibers. So will sanding, drilling or scraping the material.
• PATCHING AND JOINT COMPOUNDS for walls and ceilings, and TEXTURED PAINTS. Sanding, scraping, or drilling these surfaces may release asbestos.
  

  Asbestos wrapped ducts

• ASBESTOS CEMENT ROOFING, SHINGLES, and SIDING. These products are not likely to release asbestos fibers unless sawed, drilled or cut.
• ARTIFICIAL ASHES AND EMBERS sold for use in gas-fired fireplaces. Also, other older household products such as FIREPROOF GLOVES, STOVE-TOP PADS, IRONING BOARD COVERS, and certain HAIRDRYERS.
• AUTOMOBILE BRAKE PADS AND LININGS, CLUTCH FACINGS, and GASKETS.

Vermiculite ore that looks like little pellets of light weight mica and was mined in Libby Montana from 1919 to 1990. It was sold under the brand name Zonolite and was used in 70% of all homes insulated with Vermiculite. Attics were stocked full of it for insulation properties and fire resistance. Unfortunately, nearly all of the Zonolite mined in the Libby Montana area was mixed with/contaminated with asbestos, which was plentiful in the region. Incidentally, we have seen this product in Boise.

As hazardous as it is, when left alone or encapsulated or contained (say with paint) and not disturbed, asbestos it is not hazardous at all. The difference is that is is not aerosolized or turned into dust, also known as being friable.

As far as federal regulations are concerned, there are strict regulations for municipal, commercial & federal projects. There are Asbestos Professionals that do abatement, however there is no mandate for residential applications from the EPA at least.

EPA federal registry part 40 CFR 61 sub part M excerpt:

Facility means any institutional, commercial, public, industrial, or residential structure, installation, or building (including any structure, installation, or building containing condominiums or individual dwelling units operated as a residential cooperative, but excluding residential buildings having four or fewer dwelling units); any ship; and any active or inactive waste disposal site. For purposes of this definition, any building, structure, or installation that contains a loft used as a dwelling is not considered a residential structure, installation, or building. Any structure, installation or building that was previously subject to this sub-part is not excluded, regardless of its current use or function.

OSHA sees things differently, They are not concerned with the environment parse, only employees, here is the link to their regulations This is a class 1 Toxic substance and needs to be dealt with accordingly. Essentially if a contractor is going to be performing this work on a residential remodeling project, they need to do similar protection as Lead Safe Work Practices.

Common sense suggests that when doing removal or disturbing asbestos impregnated materials that proper respiratory protection is required. Preventing friable (airborne) materials is the best way to handle removal.

Wetting the entire surface and removing it in a dust free way immediately, then double bagging it, is our technique. We have removed Asbestos roofing in this way and double lined the dump truck. There are also special disposal techniques as well as disclosure forms at the Ada County Landfill that must be followed. As I like to say ” Fees & Forms” That being said this is no joke and something we take very seriously.

In the event you want to remove asbestos yourself check into proper safety techniques. Always consider a professional abatement company to protect the health of everyone involved. Just because you can’t see the darn stuff doesn’t mean it can’t reach out and touch you.

The new 2009 IRC mandates wired together smoke detectors and Carbon Monoxide detectors be placed at the entry of each bedroom. This means that if one detector alarms then all of them alarm. When remodeling, there is a mandate to upgrade homes when a permit is pulled. Thankfully there are times when it would be a hardship and/or too complicated or expensive to retrofit the entire home. In some cases battery operated devices are still allowed. Essentially, If there is a crawl space below or an attic above then you are able to go ahead and upgrade without too much difficulty.  At Levco this upgrade is discussed early in the project planning phase so as not to be a surprise to my clients.

Smoke

Smoke detectors detect smoke by two basic types, photoelectric detectors and ionization detectors. Smoke is the precursor to fire which as we all know is deadly. There are all kinds of harmful ingredients in smoke and if working properly they detect and alarm loud enough to alert the occupants. Theoretically folks will have early warning and use the time wisely to get out to fresh air and safety. Studies have shown that they are not always successful waking children so parents be warned.

CO Poisoning

Carbon Monoxide on the other hand is a byproduct of incomplete combustion that is not necessarily a precursor to fire and is odorless and invisible. It kills by working at the cellular level. Your oxygen carrying hemoglobin of the red blood cells prefer carbon monoxide to oxygen.  Once in your blood stream, your cells have no oxygen to use for cellular metabolism so you begin to suffocate at a cellular level. A faulty furnace or combustion chamber can cause it. One neighbor of mine took the flu off the top of the furnace in the basement “to get the extra heat that was being wasted and escaping”. They survived thanks to having few windows that were not broken out. Common symptoms include headache and drowsiness. Severe long lasting neurological complications have resulted from moderate exposures.

Combination detector

Dual Acting Units Levco has located several dual acting devices that work. They look good so I encourage everyone to update their devices to the dual acting ones. Both First Alert and Kidde make them and they are available through your favorite big box store. This one also talks telling you what to do.

Through my years in Emergency Medical Services (EMS) there has been too many saves from smoke detectors to count. Not to mention a reduced number of house fires. It was common place for us to check smoke detectors on medical calls and replace batteries or offer free devices for the needy.  I believe that mandatory implementation of this life saving device is long overdue. I was inadvertently exposed in the line of duty to Carbon Monoxide during a major incident many years ago under the Bay Bridge. I have cared for those who have suffered long term sequelae, such a sad unnecessary situation. I have had a detector installed in all of my rentals and in my own home for years. In fact that detector was my first indication of my furnace failure ten years ago.

2009 IRC

As of January 1st 2011 Boise City along with all of the other jurisdictions that adopt building codes, followed the states lead and adopted parts of the 2009 IRC international Residential Building Code. The last code was the 2006 IRC which was implemented in the same year. Plumbers use their own code 2003 UPC and electricians use their own code 2008 UEC, there are fire codes, mechanical codes, and energy codes to navigate as well. Thankfully the inspectors in this city are fantastic. As long as it is clear that they are not the enemy, they do a great job of mentoring. Why they all don’t use the same one is a bit of a mystery to me, that is another story.

Us remodelers got spared most of the changes the new construction companies are subjected to, many of which involve mechanical things like ducting and proper sizing oh HVAC systems. In fact the HVAC contractors were pretty worried about all of the things they have to be responsible for. It includes blower door testing for new homes. Seems the government wants us to have much more energy efficient homes. You can read all of the updates here or see the Boise City website for updated documents and requirements.

Areas that effect Levco include framing upgrades and lots about trusses. Including Carbon Monoxide detectors outside of bedrooms along with smoke detectors. Thankfully there are some good dual acting units on the market now. All in all I am seeing some strong progress in the insulation division as well as mandating energy efficiency as well as eliminating heat loss through shabby workmanship.

Boise City also requires us to install egress size windows when possible whenever changing out windows in bedrooms. This includes above ground applications.

Oldies but goodies

As far as plumbing is concerned I discovered something that bares a mention. I was under the mistaken belief that toilets that are the old high water 3GPF (Gallons Per Flush) usage were outlawed. “RONG” sort of. They are outlawed to be manufactured so they are essentially no longer available. This means you can’t install them in new residents… If you pull one out however, and relocate it or want to reinstall it… you are allowed to reuse it. The question that comes to mind is why you would want to n light of the water savings provided by the newer technology.

The truth is the the 1.6 GPF ones are working fantastically now and they are perfecting even more water conscious ones that work well. Initially they had problems clearing the tank and there was concern that there was not enough water flowing to keep material headed towards the sewage treatment plants. Turns out that was a myth. I just saw a .8 GPF toilet for sale at the supply house. Don’t forget the dual flushers, we just installed some that use .8 GPF for liquids and 1.6 GPF for solids and the report is that they can handle the business.

Special thanks to Perry E Paine for helping with this post

Plans Examiner II
Planning & Development Services
208/395-7858
208/384-3801
TDD/TTY 800/377-3529

At Levco We have structured the business into a Design Build Model that works differently than the handy man model. Our work is geared to the homeowner that wants a project completed ranging from the $8000 to $250,000. So far our clients have not come to us with a complete description of work that is ready to build. There is always some sort of clarity that needs to be spelled out. The only exception I can recall is insurance work. Usually the larger the project the more time involved in creating the needed documentation.

We separate the process into the Design Phase and the Construction Phase and we have an agreement for each. I prefer and use the word “agreement” rather than “contract” because it conveys the sentiment that I attach to it. A mutual understanding of the duties and responsibilities of both parties. The reality is that the words could be used interchangeably.

drawings & specifications

Design Phase: During this phase we collect a non refundable Design Phase fee that covers our time to create the proper documentation to clearly communicate just exactly what you want. This fee is based upon my estimation of hours and materials required to develop schematic drawings, a bid of time, and money as well as assist you in selecting each component to be incorporated. If you decide to use Levco to construct your project, we apply some or all of the design fee to the construction phase as an enticement.

Construction

Construction Phase: This is a comprehensive agreement that looks at all of the aspects of construction and spells out the legal obligations of the project and all of both parties. It also references the design agreement for all of the technical data. In the agreement you will find everything from change orders and how we deal with excavated soil to payment schedules, legal disclosures, and dispute resolution.

I recently had a client that was frightened by the Construction Agreement and admitted that he had several remodeling projects done without and agreement. In my opinion, those days are gone, An agreement is the only way to have an “exact same understanding” of each parties responsibilities. I not do work without one. I would be suspect of those contractors without a clear and conscience remodeling agreement. In Boise Idaho, all you need to do is spend a day in court listing to all of the sob stories about misunderstandings. That is not to say that our agreement is perfect, every project is slightly different so our agreements are updated regularly. Several  past clients have been attorneys who have graciously provided insightful modifications. Many of the updates were earned out of hard lessons learned, thankfully it has been stable for the past few years.

I am always proud to present our agreements for review and signing because it conveys a sense of “I’ve got it” to my clients.

Top as is / Middle & Bottom as was

I just successfully completed another trip to the Boise City Historical Board. They are charged with determining the appropriateness of remodeling projects in the city’s 7 historically significant areas primarily in the older parts of downtown Boise. The process is reasonable enough… first you meet with staff and they have authority to take in your documents and approve things that don’t involve the front facade of a property. If it does, they prepare you for the commission meeting. This usually takes 4 weeks. Then the hearing has several predictable steps including having ample time to make a case for your project. Then citizens can voice concerns, Then all of the commissioners having and opportunity to voice and opinion and make motions to solidify their voice on the issue and vote if they propose a motion.

In 1992 when the historic areas were designated all the homes were inventoried and photographed. Then someone in their infinite wisdom was given the power to decide whether the home was contributing or not. There are multiple principals that help the person make their decision but only some of them need apply. Having had a major alteration should equal elimination from consideration but, as I have found, that is not always the case. The problem is that the front facade of the home becomes essentially locked, in an as is state. The battle is created when folks go to improve their properties and discover that they are prohibited by the historic standards that are applied. The joke is that a neighbor with an noncontributing home can do whatever the heck they want to.

The frustration I had was with as case just like this one where it should never have been considered contributing. Unfortunately I asked the person that made the determination and she took it personally making my uphill battle even harder.

Proposed

I found an original photo of the home which should have been enough to convince the commission that the home had been significantly altered and should be removed from contributing on the spot. Unconvinced, they allowed a continuance. Thank you commissioner Smith.

In the months between hearings I was able to find and internal document that guides just such commissions through out the country on how to make good judgements and exercise wisdom in determining tasteful alterations so as not to lock the front facade of contributing homes.

At my second hearing we were able to produce a fantastic sketch in the form of a rendering of the proposed new front porch.

Our stated rationales for the project were:

1. To improve security because the use of the property had changed from tenement house to a single family home with two apartments.
2. Eliminate the lights from the Co-op parking lot from shining directly into their home.

In the end the commissioners voted in our favor after arguing esoteric things about mimicking a historical look. They unanimously voted to remove the home from contributing which allowed us to create our project, citing that the neighborhood had substantially changed that these alterations were both practical and sensible.

The victory is bittersweet because the commission wimped out in my opinion by removing the home from contributing status too. This prevents anyone in the future from saying that they allowed a front facade alteration to a contributing home in a historical district. The joke is that had the home been left contributing the commission could have used this project as a feather in the cap for how to do a tasteful alter a contributing home. I suppose that would have made their job more difficult in the long run.

The bottom line is that I won, (Wahoo!) and get to do what the owner wants. There will be more battles to fight in front of the board, and I made a convincing argument without offending anyone. I know more about the process than I did when I started so here we go, time to get a permit and see what she looks like all finished.

Post Script:

Finished Project

2-8-2012 As a foot note we are nearly a year later. Last night I appealed a technicality about a window all the way up to the city council where, I won again this time in a split decision. Finally the threat of fines and misdemeanors have been lifted from my head, and the project can be considered complete.

My contention is that there is a huge misunderstanding of how to make decisions at the staff and at the historical board level based upon their overly strict interpretation of national guidelines as laws.

The Mayor and city council seem to have a better handle upon the problems that exist with the historic preservation department than I thought. Mayor Bieter recused himself from the hearing on grounds that he grew up down the street stated that this home was his first lawn mowing job.

After the hearing, The Mayor asked to meet with my client and I. He wants to discuss the issues that frustrate and stifle homeowners and contractors within historic districts, with the intention of improving the process.

When the dust settles, something very good may come of these exhaustive hearings, endless anxiety about law breaking, not to mention the real dollars spent unnecessarily, and hours wasted.  The lost potential productivity within the city government alone was astriomical. My dream is to be a part of the solution.

the Scale of Justice

During my youth and evolution from lemonade stand to real business, there has always been an undercurrent of doing things right. Integrity was instilled in me early as was my work ethic by my parents and boy scouts. It was later clarified with the help of my best friend and business partner Howard Olivier when we simplified it into this condensed statement that is explainable and became a useful tool to guide everyone at Flying Pie Pizza. “Once you know what the right thing to do is … that is what you always do.” I recall telling the delivery drivers that we made a written deal with the Boise Police… We don’t break any laws…And they don’t write us any tickets. As it turns out that mantra has guided me successfully through many years and countless interactions. The law in my mind is an attempt to legislate that basic tenant evenly over the entire civil society. There are those who believe that nothing is illegal until you are caught, I on the other hand have friends that say jokingly ” WWJD, what would Joe do?”

In construction of any kind, including remodeling, there are as many laws as there are things to do. There are new ones that have huge fines or as we say ( big teeth). I have found that there are times that just doing the right thing and following those laws isn’t enough to avoid running into conflicts with others. That is when the court system and judges get into the mix and become the arbiter and dealer of justice. Let’s face it resolving conflicts is an art form that deserves a tremendous amount of respect. Court has been good to me, I have kept my winning streak alive in part by living by my mantra. That being said, it needs to be tempered with the fact that just because I “win” in court doesn’t mean that by winning you actually get something other than a warm feeling, sort of like peeing in a wet suit. here are some examples. With the help of neighbors, I caught a theft who stole a thousand dollars of materials from a job site. Once sentenced, he had to do community service and repay the court, I never saw a cent.

The Fair

I have done work for several people over the years and fixed their homes in good faith only to be stiffed. Sure I “won” in court but in one case the guy can’t be found and in the other, the lawyers fees have essentially eaten up the money I was owed. Principles are a double edge sword. In writing this piece I am reminded that I always try to be and play fair.  Fair…Oh, that’s the thing with fun rides that happens annually in late summer.

Here is another example. I was accused of not paying a bill, never mind that the company didn’t actually do the work. Then the the owner refused to talk with me about it and sent my claim to a collection agency. Naturally I lost in small claims court and appealed. Arriving in big boy court the company chose not to represent themselves and I “won.” Now the collection company can’t be reached to clear my credit, is that fair?

The take home for me is that not going to court is the only way to really win. I have included in my agreements a clause that encourages face to face conflict resolution and if that doesn’t work to go to mediation done by a local mediation group. I only suggest court as a resolution of last resort.

I will continue to live by my mantra and no doubt extend my winning streak. In the meantime I will engineer some more protections in place to reduce the odds of being dragged into court or having to drag others into court.

1) I will not do work without a bid.

2) I will not do work over $2,000 without a contract that includes a description of work.

3) I will not do work for people I don’t trust.

The bottom line is that if I decide to work for free, I will choose the charity of my choice, not the charity that chooses me.