Does the Fire Marshall have the right to inspect my condo?

[seaside quilter]

What is the name of your state (only U.S. law)? NJ

One of the owners of my condo complained that everybody’s dryer vents/ducts were unsafe. That prompted an inspection of every unit by the fire marshall. None of the vents are in any common area. Each vent is individual to each unit and is ducted outside. The fire marshall decreed that everyone had to replace their vents/ducts. The assn. got a contractor to come in and look at everyone’s unit and give estimates. The estimate for my unit is approx $2K. I’m uncomfortable with the contractor, because I think the prez of the assn is getting a kickback from him. I’m in the process of getting my own estimates. Today, I was talking to the fire marshall from another town, and he advises that fire marshalls do not come in to private residences to inspect. I’m perplexed. Am I compelled to replace this dryer vent or not?

 

[justalayman]

not sure what the fire marshall from the other town does but in many areas, the fire marshall's duties are inspecting anything to do with building codes that involve fire codes. As such, the fire marshall may have every right to inspect.

regardless of that, if your vent is a known hazard, it can be ordered to be repaired if the ordinances or laws in place allow it, which is applicable in most areas I have ever dealt with.


so, whether the fire marshall making the call of the local building inspector making the call is less important than whether it really is a violation of any applicable codes and what can be enforced because of that.

given the general powers given to a building department, especially considering situations such as apartments and condo's where any tenants actions can have deadly effects on others quite easily, you most likely can be forced to repair your vent.

as to the contractor: unless this is being paid for by common association funds of there is some rule of the association that requires you to utilize this specific contractor, what is preventing you from obtaining your own contractor to do the needed work?

 

[private_person3]

What is the name of your state (only U.S. law)? NJ

One of the owners of my condo complained that everybody’s dryer vents/ducts were unsafe. That prompted an inspection of every unit by the fire marshall. None of the vents are in any common area. Each vent is individual to each unit and is ducted outside. The fire marshall decreed that everyone had to replace their vents/ducts. The assn. got a contractor to come in and look at everyone’s unit and give estimates. The estimate for my unit is approx $2K. I’m uncomfortable with the contractor, because I think the prez of the assn is getting a kickback from him. I’m in the process of getting my own estimates. Today, I was talking to the fire marshall from another town, and he advises that fire marshalls do not come in to private residences to inspect. I’m perplexed. Am I compelled to replace this dryer vent or not?

I don't know what city or county you live in, but here in Bridgewater (Somerset) it is required by law that our dryer vents be professionally cleaned every other year. We also get inspected every other year by the city. They check our furnaces for fire hazards as well as to verify we have a working carbon monoxide detector.

As for who gets to do to the work, that is up to you. It is not the HOA's property. However, if you fail to do it, thus creating a danger for others, the HOA CAN perform the work on your behalf and charge you.

I don't recall if these authorities were provided in the Condo Act or the Horizontal Property Act. Either way, it is a law here in NJ (and NY I believe).

Good luck!

 

[Zigner]

I don't know what city or county you live in, but here in Bridgewater (Somerset) it is required by law that our dryer vents be professionally cleaned every other year. We also get inspected every other year by the city. They check our furnaces for fire hazards as well as to verify we have a working carbon monoxide detector.

Please post a cite to the requirement for private dwellings to be professionally cleaned every two years...

 

[FlyingRon]

Certainly mandated fire inspections are required for multifamily rentals in many NJ municipalities. I used to own a 3-unit building. I had to regularly deal with the inspectors whims for alarms, alarm labeling, upgrades to doors, self closers on doors, etc.. over the years. I wouldn't be surprised if he was looking at the drier vents. He certainly checked flues.

 

[Zigner]

Certainly mandated fire inspections are required for multifamily rentals in many NJ municipalities. I used to own a 3-unit building. I had to regularly deal with the inspectors whims for alarms, alarm labeling, upgrades to doors, self closers on doors, etc.. over the years. I wouldn't be surprised if he was looking at the drier vents. He certainly checked flues.

I was specific in my request
They key word is "professionally"

 

[justalayman]

I was specific in my request
They key word is "professionally"

maybe dryer vent cleaners are required to be licensed in that state.

If so, I have no problem requiring a pro vent cleaner although in many states, I would think there would be a home owners exemption that would allow the owner to do the work.

but again, seeing that it is a condo, even in the states that would have a homeowners exemption, there may be none for a condo due to the conjoined buildings and inherent associated dangers due to the other units.

 

[private_person3]

Please post a cite to the requirement for private dwellings to be professionally cleaned every two years...

I don't have it off the top of my head. I will contact our PM on Monday and inquire about it.

I can't speak to the actual process or even credentials of a "professional". I could have even have over-spoken about it. However that may be, it is a legal requirement in Bridgewater, NJ that HOA members must have their dryer vents (and chimneys) cleaned every two years. The city requires that the HOA provide documentation from each owner that it has been done. I was assuming that for someone to sign the certificates they give us, they have be a "professional" of some type. In that I mean, they do not accept a owner to simply say "I did it myself."

Like I said, I will ask the PM for more clarification.

 

[Zigner]

I suspect it's a HOA requirement...

 

[private_person3]

I suspect it's a HOA requirement...

I don't understand your statement. Even if it is written in our rules or bylaws, which I am sure it is, it does not mean it cannot also be law.

FYI, we do out best to mirror legal requirements.

Perhaps I am just sensitive, but I am getting a passive aggressive vibe from your comments on this thread. They seem to have less to do with the OP and more to do with trying to make me look like I don't know what I am talking about.

 

[Just Blue]

I don't understand your statement. Even if it is written in our rules or bylaws, which I am sure it is, it does not mean it cannot also be law.

FYI, we do out best to mirror legal requirements.

Perhaps I am just sensitive, but I am getting a passive aggressive vibe from your comments on this thread. They seem to have less to do with the OP and more to do with trying to make me look like I don't know what I am talking about.

On this site you are required to back up your advice with legal statute.

 

[private_person3]

On this site you are required to back up your advice with legal statute.

First, I gave no advice.
Second, I will get the PM to verify for me, where to find this requirement.

 

[HomeGuru]

What is the name of your state (only U.S. law)? NJ

One of the owners of my condo complained that everybody’s dryer vents/ducts were unsafe. That prompted an inspection of every unit by the fire marshall. None of the vents are in any common area. Each vent is individual to each unit and is ducted outside. The fire marshall decreed that everyone had to replace their vents/ducts. The assn. got a contractor to come in and look at everyone’s unit and give estimates. The estimate for my unit is approx $2K. I’m uncomfortable with the contractor, because I think the prez of the assn is getting a kickback from him. I’m in the process of getting my own estimates. Today, I was talking to the fire marshall from another town, and he advises that fire marshalls do not come in to private residences to inspect. I’m perplexed. Am I compelled to replace this dryer vent or not?

**A: the answer is yes. Get more estimates.