ᐅ No Fire-Rated Door to the Garage – Who Is Responsible?

Created on: 4 Aug 2016 07:16
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Brandt123!
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Brandt123!
4 Aug 2016 07:16
Good morning,

we built a house, and during the structural inspection by the building authority last week, the inspector noticed that the door to the garage is not a T30 fire door, but a standard secondary entrance door.

The building permit / planning permission also states that a fire door must be installed there. The construction company has had this permit since the beginning of the planning phase.

Now they are saying that since I signed off on all the execution plans before construction started, I am responsible for this myself. That means I now have to purchase and have a new door installed at my own expense.

But as a layperson, I didn’t notice such details at all. Has anyone had similar experiences or any advice?
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Payday
13 Aug 2016 09:23
Why is a fire door required in the first place?
Is the fire door mentioned anywhere in your contract, or is the building permit / planning permission part of your contract? Any signatures on execution plans do not exempt the specialized companies from complying with applicable laws and regulations. If the building permit / planning permission is an integral part of your contract, there might be a chance to negotiate something. However, this is usually difficult and not a straightforward matter, likely requiring a lawyer and so on. Otherwise, you could also raise issues about the absence of defects during the final building inspection (no approval from the building authority).
If the permit is included, I would now suggest talking reasonably with the construction company to find a fair and mutually agreeable solution. Maybe the costs can be reduced by half or otherwise kept low.

If the permit is not part of the contract, you’re probably out of luck. A lawyer could help you if you want to know the details now. Otherwise, you would need to provide a lot more information, for example the relevant clause in the contract, developer, general contractor, the reason for the fire door, and so on.

Is it possibly an option to remove the fire door altogether?!
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ypg
13 Aug 2016 10:53
Brandt123! schrieb:


Now they have told me that since I signed all the execution plans before starting construction, I have to cover the costs myself. That means I now have to buy and have a new door installed myself.

But as a layperson, I wouldn't notice such details at all. Has anyone had similar experiences or advice?

Who exactly are ‘they’? Who said this?
What is specified in the execution plans?
Are you working with a general contractor or a construction manager?
Is it possible that this is a temporary door?
What was ordered from whom?
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Bieber0815
14 Aug 2016 20:16
Brandt123! schrieb:
Now they told me that since I signed all the execution drawings before construction started, I have to bear the costs myself. [...] Has anyone had similar experiences or advice?

In my humble opinion, the buyer/client does not assume any substantive liability by signing the plans. As a layperson, you cannot foresee everything. Therefore, in my view, the construction company's statement is initially just an empty threat. (It may still turn out that you are the one who suffers in the end; time will tell).

Questions:
1. Can you share the signed plan (excerpt) here? Was it clear from the plan that no fire door was planned?
2. What does your contract say?
Neige14 Aug 2016 20:29
Is it possible that the lady from the building authority said:
Brandt123! schrieb:
...that the door to the garage is not a T30 fire door

and maybe she didn’t see a steel door and doesn’t know that fire doors can look just like regular doors. Check with the person who installed the door.
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Brandt123!
15 Sep 2016 07:44
Hello everyone,

Thanks in advance! In the building permit from the planning authority, the building application submitted by the architect was handwrittenly amended by an employee of the authority. Specifically, it states that a T30 fire protection door to the garage is required at the bottom. The construction company told me that they generally do not provide this type of door.

I will post the exact passage here later.

There are already new issues with them again.