Update: 11/26/08 - Fire Codes Issue Update

Hello MJ:

First, Darlene and I wish each of you a happy and safe Thanksgiving. We will be spending time with our oldest son and his bride who will join us from their home in Washington, D.C.

I think it’s time to update the community on the status of our “Fire Code” issue that arose last summer. As a brief refresher some Nashville and local media raised the question, which was prompted by one MJ resident, that some homes had not been built in accordance with existing MJ code standards over the last couple years. Essentially there was a conjecture that a few developers had not followed code by placing ½” drywall in the garage ceilings of houses with living area above the garage where there should have been 5/8”, and that some members of the Codes Department had permitted that. While leaders of the Building Division and Public Works Department knew that wasn’t the case, the adverse publicity, blogging and selective editing of news stories prompted us to take more active measures to not only confirm our beliefs, but provide our citizens with the confidence they deserve. At the end of the day those measures became re-inspection of every home built in the city under the codes that were in use at the time.

The Code in question was the 2003 International Building Code (IBC-06). Mt. Juliet adopted the 2003 IBC mid way into 2006, and it remained in force until an updated version (2006 IBC) was adopted by the City Board of Commissioners earlier this year. During those approximately two years our records reflect 982 houses were built. As of Friday, 21 November, 909 homes had been inspected to ensure code compliance; with 73 left. Of the 909 inspected, 49, or roughly 5%, were found to be out of compliance with the garage ceiling issue. Of the 49 not in compliance 36 have already been fixed.

When this issue came up some media painted a rather inflammatory (excuse the pun) picture. As we near the end of our re inspection process I believe it is time to shed some light on the rest of the story. First, the difference or requiring ½” verses 5/8” ceiling material is to provide occupants of a burning structure more time to evacuate. It is estimated treated 5/8” materials give a homeowner between 10 to 15 minutes additional time to get out of the house. Second, there is a paint treatment that can be applied to half inch ceilings that brings them into code compliance. That has been the corrective process taken by most of our builders. Third, while the city has inspectors for various elements of the construction process, ultimately the builder is responsible for ensuring structures are built to code. Fourth, sometimes it is extremely difficult to tell the difference between ½” and 5/8” ceiling materials. Once the ceiling is up, where the measurements are made and the quality of materials used can make a tremendous difference in determining the differences in width. Fifth, each and every one of our then fire code inspectors signed off on one or more of the 49 non-compliant homes. Finally, Wilson County has no fire codes. Mt. Juliet building and fire codes are not only the most rigorous in the county, but comparable to any in the region.
So, here’s a few of the lessons we learned:
- We can do better. While 5% error rate in this business is good, we must do better.
- All of the city’s code inspectors need more training. They are a great group of professionals, but learning is a constant process.
- Our builders need more training in existing standards and to be more diligent in adhering to them.
- There appears to be absolutely no conscious or concerted effort by anyone in the Public Works or Building Department to do anything other than adhere to the rules.
- There appears to be absolutely no conscious or concerted effort by builders within our community to do anything other than adhere to the rules.
- Proponents behind this story were not driven by a desire to serve the community. Fallout from this matter has cost local builders and you, as taxpayers, extensive time, money and community credibility. Quite simply those who initiated this did not have all the facts and appear to be driven by ulterior motivation.

We plan to finish re inspecting the remaining 73 homes during December. Once this is complete we will update the community on this entire initiative in a televised Board of Commissioners meeting. Until then I wanted the community to understand the issue, the apparent motives and, as stated, the rest of the story.


Again, Happy Thanksgiving.

Sincerely,

R. Robertson