Local Building Code Issues
By Dave Conway, April 2000
Several residents have asked about a house on the Route 50 service road that built a large detached garage in variance with the building plans that were approved by Fairfax County. After going to court, the county forced the homeowner to apply for a building permit that reflected the actual structure. Much of the construction had to be re-worked in order to meet building code requirements.
Another homeowner down the street recently paved most of the back yard that is adjacent to Tripps Run creek. Numerous phone calls to county officials by concerned residents produced conflicting responses. Ultimately, the paving was allowed with a small change along the edge near the creek. Supervisor Gross is working to change the law that allows homes with small back yards to essential pave the entire yard. Besides the problems of run-off during heavy rains, neighbors don't want to stand in their back yards and look at a parking lot where there used to be a back yard.
Avoiding Building Code Violations
By Dave Conway, July 1999
Do-it-yourselfers who want to expand or build onto their homes in Westlawn are responsible for obtaining a building permit from Fairfax County. The consequences of failing to get a permit, building something different that what was submitted in the permit application, failing to comply with the county's building code, or failing to pass the final inspection are unpleasant and should be avoided.
Unlike do-it-yourselfers, building contractors have an extra incentive to comply with Fairfax County's building regulations. If they don't, they can lose their license to operate their business in Fairfax County! As a result, all reputable building contractors are scrupulous when it comes to following the county's procedures for building and inspections. When using a building contractor, just remember to never get a permit in your name, and do not finish paying for the work until you have successfully passed the final inspection conducted by the county.
Although no longer required, it is still a good idea to display your building permit in a front window of your house. Otherwise, neighbors can't be sure that you have a permit and will probably call the county to check. Our county's tax dollars are better spent than answering calls about homeowners who have a valid building permit but choose not to display it in a front window.
If you are unsure as to whether you need a building permit, call Lynne Snyder, Fairfax County Code Enforcement, at 324-1937. She spoke at our May 1999 General Meeting, and she will gladly answer any questions that you may have.
Consequences of Not Following the Rules
Whether it be through honest negligence or willful deceit, some Westlawn residents have been known to undertake building projects on their property without applying for the necessary building permits. Others have been known to use the bait-and-switch approach of getting a permit to build one thing, then building something very different.
If you suspect a neighbor is building without a valid building permit, you can call in your suspicions either to Supervisor Gross' office at 256-7717 or directly to Lynne Snyder at 324-1937. In both cases you must give your name and phone number, but Penny Gross will not forward your name to Fairfax County Building Code Enforcement if you ask to remain anonymous. Either way, you will be contacted either for more information or for an update on what the county has found in response to your call.
If Lynne's office finds that the construction does not have a valid permit, does not meet code, or does not fit the plans approved with a permit, her office will issue a Notice of Violation to the homeowner, giving them a fixed number of days to fix the violation.
If that doesn't work, the Commonwealth's Attorney can take the homeowner to court. If convicted, the perpetrator will receive a fine of no more than $2,500 with no jail time, and the judge cannot order the structure in question to go away. However, it is a criminal conviction that goes on the person's permanent record.
Usually, the threat of a criminal conviction is enough to get the errant homebuilder to relent and take action to fix the problem. If not, the County Attorney can pursue the matter as a civil case, which can result in much higher fines.
According to Lynne Snyder, violators can work with the county at any time to bring their construction project into compliance. In no case is she aware of any building being demolished. Instead, the builders can apply for new permits, perform building modifications, and/or request an exemption from the county. The Board of Supervisors tends to be sympathetic to people who are operating in good faith, and unsympathetic to people who simply try to present the Board with a fait accompli.
If you are a do-it-yourselfer and find that you have made an honest mistake, the sooner you fix it, the better off you will be.