An odd permitting issue in Sharon, MA

[smwilliamson]

Went to get 2 permits for two stoves that a customer wants to install in his new home that he took with him from his old home in Stow. Building dept denied the permits because the stoves are used. Said,"he couldn't verify that the stoves were 't compromised." Additionally they said,"The Town's insurance wouldn't cover them to approve the installations."

I was under the assumption that public inspectors cannot be held accountable under state law. So I asked them,"dos this mean I cannot install them or that I can install them but you refuse to inspect them?" Their answer was" no comment"

What do I do now?

 

[Stevekng]

Went to get 2 permits for two stoves that a customer wants to install in his new home that he took with him from his old home in Stow. Building dept denied the permits because the stoves are used. Said,"he couldn't verify that the stoves were 't compromised." Additionally they said,"The Town's insurance wouldn't cover them to approve the installations."

I was under the assumption that public inspectors cannot be held accountable under state law. So I asked them,"dos this mean I cannot install them or that I can install them but you refuse to inspect them?" Their answer was" no comment"

What do I do now?

Ask them to see the section of the code that would cover the denial of permitting. If there is none, ask for the number of pemits(and who they are) that have been denied for the same reason. If you are still stonewalled, contact the town clerk and fill out a freedom of information form to get the info. Then contact the town attorney and tell him you are considering legal action unless the Building dept. cooperates.

 

[Lousyweather]

Went to get 2 permits for two stoves that a customer wants to install in his new home that he took with him from his old home in Stow. Building dept denied the permits because the stoves are used. Said,"he couldn't verify that the stoves were 't compromised." Additionally they said,"The Town's insurance wouldn't cover them to approve the installations."

I was under the assumption that public inspectors cannot be held accountable under state law. So I asked them,"dos this mean I cannot install them or that I can install them but you refuse to inspect them?" Their answer was" no comment"

What do I do now?

ask the homeowner what he wants to do.......

and yes, public inspectors aren't held personally accountable under state law, and neither is the municipality......

 

[TheMightyMoe]

Just pay your taxes, and agree with them. They are probably right.The customer won't mind buying a second used stove, I wouldn't want to use a compromised stove! God Bless America.

 

[Lousyweather]

Ask them to see the section of the code that would cover the denial of permitting. If there is none, ask for the number of pemits(and who they are) that have been denied for the same reason. If you are still stonewalled, contact the town clerk and fill out a freedom of information form to get the info. Then contact the town attorney and tell him you are considering legal action unless the Building dept. cooperates.

yea...threatening the town with legal action....good luck

 

[Don2222]

Good thing you sell new stoves now. Since you like all the NFI certs and permits, Just sell the customer two new stoves. Problem solved.

 

[Delta-T]

try placing a 6 pack of some random lite beer (cans) on the counter...then ask for the permit. one must learn to speak the tongue of the natives if one is going to explore in their lands.

 

[Don2222]

try placing a 6 pack of some random lite beer (cans) on the counter...then ask for the permit. one must learn to speak the tongue of the natives if one is going to explore in their lands.

naw, just tell them it is a new stove, that was sitting in the showroom for many years! It may be too late for that strategy now tho. :-(

 

[Stevekng]

The government needs more people like you guys; pay your taxes and do nothing!

 

[Justin M]

You tried to do it right. It is not unreasonable to install a used stove, so...cash job... no permit, no paperwork.

 

[BrotherBart]

and yes, public inspectors aren't held personally accountable under state law, and neither is the municipality......

Yep. They are covered under "sovereign immunity". Something we dragged over with us from Britain.

 

[TheMightyMoe]

You tried to do it right. It is not unreasonable to install a used stove, so...cash job... no permit, no paperwork.

Install the flue and leave the stove an inch from it for them to scoot forward =p

 

[Don2222]

Well, if they denied the permit and the stove gets installed and the house burns down. Since the insurance does not cover the damage, Then who get's sued to pay for a new house?

 

[Ram 1500 with an axe...]

Install the flue and leave the stove an inch from it for them to scoot forward =p

I like this because you need to be careful now, I wouldn't install it, just sell it, or else...... I think

 

[smwilliamson]

Well, if they denied the permit and the stove gets installed and the house burns down. Since the insurance does not cover the damage, Then who get's sued to pay for a new house?

Why does someone always have to be sued? The Town of Sharon is just denying to inspect, I doubt they had to consult their crystal ball be fore making that decision. So now the AJH has the authority to decide whether I can make a living or not? How do they know a new appliance isn't going to fail and burn down the house?

 

[WoodPorn]

Scott, if I remember correctly the job does not need to be inspected for the homeowner to have it insured.(I may be wrong) but Mine was done sans permit and we are fully insured for the Englander. Manufacturer specs and clearances are the AHJ here.
I'd do it.....

 

[smwilliamson]

Stoves are in. I deem them safe, that's good enough for me and my insurance carrier.

 

[Harman Lover 007]

Ask them to see the section of the code that would cover the denial of permitting. If there is none, ask for the number of pemits(and who they are) that have been denied for the same reason. If you are still stonewalled, contact the town clerk and fill out a freedom of information form to get the info. Then contact the town attorney and tell him you are considering legal action unless the Building dept. cooperates.

That will work out well....and Scott never works in Sharon again...

 

[smwilliamson]

If the inspector wants to feel all incompetent about his skills who am I to call him out on it?

 

[Stevekng]

That will work out well....and Scott never works in Sharon again...

So let's see.. let the town have their illegal way, try to ply the inspector with beer, and kiss some big butt. What's wrong with this picture folks!! I have gone up against town officials in the past, and it took time but they changed their ways. When you let them get away with it, it will only get worse! We all celebrated our freedom last week. It seems to me you all need to do something about it in this case.
If you all are too timid to correct it yourselves, You could hire me and I won't charge anything unless I get it done.

 

[Lake Girl]

Interesting as they cite state building code on their website. Was that a formal denial or verbal?
There is this route... (broken link removed to http://www.townofsharon.net/Public_Documents/SharonMA_Bylaws/article13) Appeal board might be interested to hear that an NFI certified tech was denied permit (one who can verify service records). Nothing seems to show up in regs or bylaws...
Is there a hearth store in Sharon?

 

[smwilliamson]

Interesting as they cite state building code on their website. Was that a formal denial or verbal?
There is this route... (broken link removed to http://www.townofsharon.net/Public_Documents/SharonMA_Bylaws/article13) Appeal board might be interested to hear that an NFI certified tech was denied permit (one who can verify service records). Nothing seems to show up in regs or bylaws...
Is there a hearth store in Sharon?

NFI Certified and a MA Solid Fuel Construction Supervisor no less. They won't really comment other than to say no comment when I push them for a reason. I checked with my insurance and they asked me if the inspection failed. I told them that the town never inspected it and added that I routinely install in jurisdictions, such as in New Hampshire or CT where there is no formal municipal inspection process. They said it was ok provided I deemed the installations and equipment safe.

 

[moey]

The home owner if they wanted needed to fight the battle not you..