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Author Topic: Many Backyard decks are unsafe  (Read 1557 times)
Roy Cooke
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« on: March 05, 2009, 08:35:16 AM »

Deck hangers need Hanger Nails Not regular nails or screws
Most decks I see are not built correctly


 Why So Many Backyard Decks are Unsafe


Backyard decks are often the summer spot for parties - or refuge from a stressful day.
 But it's estimated as many as four million decks in this country are unsafe.

Just this Saturday a man was trapped for two hours on his deck in Liberty Township when it collapsed.
 In 2005, 13 people were hurt when a deck that was not built to code collapsed in Symmes Township. The bolts attaching it to the house were too small.
And in 1999 - eleven people were hurt in a deck collapse during a Riverfest celebration in Covington.
An investigation turned up signs of rot, metal fatigue, and water damage.

In this Money Alert: Local 12's Paula Toti shows why it may be time for many of us to invest in deck maintenance.

At least 30 deaths since 2000 have been attributed to deck failures. 12 people died when a three tier deck in Chicago collapsed in 2003. Dozens were injured including the cousin of a home inspector from Blue Ash.

"He was on the top tier again it had not been maintained properly.
 And people who were doing it were doing it improperly."

Mike Hesterberg's cousin recovered .... but when Mike inspects decks ... the Chicago nightmare is close to mind.
 He's seeing a lot of Tri-State decks with problems.

"I would say 98 percent of the time .. Possibly even greater than that."

That's not to say they'd collapse.
Sometimes the risers on stairs are improperly spaced like this set. It's a tripping hazard.
Railing can get loose over time.
They should take 200 pounds of pressure without moving.

Often there's been poor maintenance ... and building codes have changed over the years.
These spindles were code 27 years ago.
 Today a family buying this home with small children would want to add lattice work or more spindles to narrow the gap ... and chance of a child getting hurt.

"What happens is decks are normally built by the homeowner."

A homeowner who may or may not get a building permit.
 Even when decks are done by those who should be experts ... problems are common.

"What you're getting into is quickness to build and sometimes permits are given and then the deck is on,
 a lot of ways to slip between the cracks in any system."

"I was concerned about having people on the deck if strong by today's standards."

This homeowner was concerned about the nails on her deck.
The proper nails in the proper places are fine. But where the deck meets the house ... bolts are needed.

"That ledger board should be bolted to the structure, in this case only seeing nails."

Nails can cause a pancake collapse like this ... and pull away from a home the way a hammer can remove a nail from a board. Even bolts should be checked.
Mike stopped using his own deck when he found the bolts pulling away from the home.
You can see it if you look to the center of the screen in the crack of the wood.
 And the bolts should be bigger for the weight on this deck and should be closer together.
 And they should be placed up and down, up and down in this case they are all straight.

Mike Montgomery is an engineer who tells homeowners what fixes are needed.
 Sometimes it's not expensive.
This deck had a sagging beam.

"An easy solution is to come in and add another concrete footing to ground and add another post, and bolt to the beam."

This Mike also knows someone who was in a deck collapse in Covington.
If you buy a home ... make sure the deck is inspected.
 Ask for proof of a building permit and certificate of occupancy.
 Finally, if you own a deck ... protect your investment.
Regularly have it power washed and waterproofed.
Even pressure treated lumber will decay without proper care.

One thing missing from many decks built by amateurs is metal flashing between the house and ledger board.
It prevents water from entering the house.
If you have concerns about your deck, contact a home inspector or engineer. 

http://www.local12.com/mostpopular/story/Most-Home-Decks-are-Unsafe/BocVx40BEUWBxz_9pSEZag.cspx
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Roy Cooke
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« Reply #1 on: March 06, 2009, 03:08:55 PM »

 Please remember 5% at fault and the other party has no money You could pay all claims .
 Note at bottom it says Incorrect ledger board fastening ,screws and no flashing.
 Remember write hard talk soft and miss nothing .
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http://www.greatfallstribune.com/apps/pbcs.dll/article?AID=200990225010
February 25, 2009


Polson loses appeal in lawsuit over deck collapse


HELENA (AP) — The city of Polson has lost its appeal to the Montana Supreme Court in a lawsuit stemming from the July 2004 collapse of an outside deck at a popular bar and casino.

The deck at the Diamond Horseshoe Bar and Grill, crowded with partygoers, collapsed and sent customers crashing onto a concrete slab on the ground below.

Plaintiff Ryan Funke, one of the 80 people injured, contended the city shared negligence because it was responsible for approving the deck’s construction and subsequent inspections.

Lawyers for the city argued it bore no responsibility for the collapse.

The city acknowledged that an anonymous caller telephoned the city’s building department about 14 hours before the col-lapse occurred, warning that the deck was not safe.

The caller gave no details, and the city said that without specific information, officials could not act on the anonymous tip, even if they would have had time to do so.

A jury awarded Funke nearly $684,000 in damages, apportioning 95 percent of the negligence to building owner Bert Shultz and 5 percent to the city.

The state Supreme Court in a 5-0 ruling Wednesday upheld the lower court and denied Polson’s appeal.

“It is manifest on the face of the briefs and record before us that the District Court did not abuse its discretion in allowing evidence regarding the alleged phone call to the city and in allowing evidence concerning the city’s inspection of the deck,” Justice Brian Morris wrote for the court. “It is further manifest ... that the District Court did not abuse its discretion in instructing the jury on the city’s legal duty.”

An investigation determined that improper installation of a key support beam appeared to have been a major factor in the collapse. An architect hired to inspect the remains of the deck said it appeared the wooden ledger connecting the balcony’s deck to the building was not to code because the ledger was not protected from the elements. He said screws used to secure the balcony to the ledger also were inadequate and improperly installed.

At least 11 customers who were injured in the collapse filed suits, all of them naming the bar’s owners as the key de-fendants. Three lawsuits, filed by Funke, Tyson McEvoy and Tyson Dupuis, also named the city as a defendant.
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Roy Cooke
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« Reply #2 on: May 24, 2009, 04:18:39 PM »

Decks could be your nemeses.
 85% of the decks have a serious fault .
 Please be carefull.
There has been a lot of people hurt this year from bad decks collasping .
 Here are a few pictures of bad falls.

Remember write hard talk soft and miss nothing .... Roy

http://news.cincinnati.com/apps/pbcs.dll/gallery?Site=AB&Date=20090520&Category=NEWS01&ArtNo=905200802&Ref=PH&Params=Itemnr=1
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Roy Cooke
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« Reply #3 on: June 05, 2009, 10:30:35 AM »

Just another of many that I know of .
 Please be carefull when inspecting a deck... Roy

http://www.fbnewsleader.com:80/articles/2009/06/05/

Five hurt in balcony collapse
News-Leader
A balcony collapse on South Fletcher Avenue sent five people to the hospital Thursday night.
According to Fernandina Beach Fire Chief Dan Hanes, witnesses said about 15-20 people were on the first-floor wooden deck at 958 South Fletcher Ave. when it gave way just after 8:30 p.m.
Tom Hogan of Greenville, S.C., who was renting the house, said about 10 people were on the oceanfront deck looking at a rainbow when it gave way. Hogan said he was in Fernandina Beach for his son's wedding on Saturday.
According to Hogan, one woman broke her hip and another woman broke her pelvis in the collapse. Others had minor injuries.
The injured people were taken to Baptist Medical Center Nassau and Shands Jacksonville and are in stable condition, Hanes said in a press release Friday. A total of 17 firefighters from Fernandina Beach and Nassau County responded to the emergency after Engine 102 arrived on the scene about 8:40 p.m. and confirmed there were multiple injuries.
City and county firefighters worked together to triage and transport all of the injured to the hospital, said Hanes. The city Building Department is investigating the collapse.
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Roy Cooke
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« Reply #4 on: January 23, 2010, 11:30:12 PM »

http://www.firerescue1.com/fire-attack/articles/593975-Dangers-of-Decks/

http://www.omaha.com/article/20100103/NEWS01/701039889/0/FRONTPAGE

 Please look at these vidios about 85% of the decks I see have serious faults .

Please look close I do not want to see any Home Inspector in court ever

 Roy
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Roy Cooke
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« Reply #5 on: January 25, 2010, 04:54:21 AM »

Another deck falls and hurts 21 students .
http://www.youtube.com/watch?v=29PRboyLBzo&feature=related .
Please make sure you do not miss a bad deck .

 Roy
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Roy Cooke
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« Reply #6 on: January 30, 2010, 12:21:54 PM »

Please make sure you Inspect all decks properly... Roy

Last Modified: Friday, January 22, 2010 at 7:17 p.m.
A deck that collapsed under a crowd of young people partying at a Guerneville-area vacation rental house, seriously injuring a teenage girl, was built without proper permits, county building officials said Friday.
“Not only was the deck built without required permits, the deck did not meet minimum building standards,” said Ben Neuman, code enforcement manager at the Sonoma County Permit and Resource Management Department.

The deck, attached to a house on Sweetwater Springs Road near Armstrong Woods, collapsed Jan. 10 while a large crowd danced on it. Some witnesses said there were as many as 80 people and a DJ's table on the deck when it broke.

At least one teenager was hospitalized afterward and remains in serious condition. There were unconfirmed reports of several other injuries ranging from head gashes to a broken arm.

Neuman said the deck was built about 1995, about seven years before the current owners bought it.

“Not to build it to code is irresponsible and I'm just really glad that as bad as it got was my daughter's injury,” said Jody Richardson, of Santa Rosa. Her daughter Michaela, 18, suffered a severely broken foot, an injury that could potentially cause her to lose her foot.

“That phone call I got in the middle of the night could have been the end of my life as I know it,” Richardson said

The owner, Christopher Coogan of Forestville, rented out the house through a property management company. He did not return phone calls seeking comment Friday.

Coogan must either demolish the illegal structure or rebuild it with permits, the county determined.

If he demolishes it within 30 days, he would not be subject to monetary penalties, Neuman said

 

“Not only was the deck built without required permits, the deck did not meet minimum building standards,” said Ben Neuman, code enforcement manager at the Sonoma County Permit and Resource Management Department.

The deck, attached to a house on Sweetwater Springs Road near Armstrong Woods, collapsed Jan. 10 while a large crowd danced on it. Some witnesses said there were as many as 80 people and a DJ's table on the deck when it broke.

At least one teenager was hospitalized afterward and remains in serious condition. There were unconfirmed reports of several other injuries ranging from head gashes to a broken arm.

Neuman said the deck was built about 1995, about seven years before the current owners bought it.

“Not to build it to code is irresponsible and I'm just really glad that as bad as it got was my daughter's injury,” said Jody Richardson, of Santa Rosa. Her daughter Michaela, 18, suffered a severely broken foot, an injury that could potentially cause her to lose her foot.

“That phone call I got in the middle of the night could have been the end of my life as I know it,” Richardson said

The owner, Christopher Coogan of Forestville, rented out the house through a property management company. He did not return phone calls seeking comment Friday.

Coogan must either demolish the illegal structure or rebuild it with permits, the county determined.

If he demolishes it within 30 days, he would not be subject to monetary penalties, Neuman said.

He could be fined if he decides to acquire permits and rebuild the deck. But because he did not build the deck, he could escape those penalties, Neuman said.

Regardless of what happens to the deck, its collapse has opened the door to potential claims and counterclaims.

Pat Broderick, dean of Empire College School of Law in Santa Rosa, said liability could extend to almost all involved.

The property owner is responsible for keeping the home in safe condition for all “foreseeable” uses, which could include a deck full of dancing young people, Broderick said.

The previous owner, who built the deck, may be liable.

The 20-year-old Sebastopol man who rented the house — and reportedly signed a contract that prohibited parties being held there or additional guests — could be liable too, Broderick said, especially if, as witnesses have said, he charged admission to the party.

The property management company that rented out the home could also be liable, Broderick said, because it may have broken its own rules prohibiting rentals to people under 21.

“Many parties will probably be brought into the action,” Broderick said.

Richardson, whose daughter remains in a wheelchair, said her family has already retained an attorney.

“There has to be a lawyer involved. I'm so sorry about it, I'm not a litigious person and we're not like that,” she said. “But I don't know what my daughter's future is. She's 18 years old and now has a pre-existing condition. She has to have representation”
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Roy Cooke
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« Reply #7 on: January 30, 2010, 04:30:56 PM »

A couple more very bad decks looking to hurt some one ... Roy
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Roy Cooke
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« Reply #8 on: February 27, 2010, 04:06:59 AM »

 
http://hamptonroads.com/print/543792
Judge determines settlement percentages in Sandbridge deck collapse case

The 36 plaintiffs who were injured when a deck of a Sandbridge home collapsed during a wedding five years ago can now start collecting their piece of a settlement.

Circuit Judge William R. “Buster” O’Brien entered an order in Virginia Beach Circuit Court today that lays out the percentages of a $375,000 settlement each of the plaintiffs and their attorneys should receive.

The settlement stems from the collapse of the third-story deck of a beachfront home called Sun Haven on Oct. 8, 2005. Amanda Hall and Kristopher Hoke had rented the home at 2576 Sandfiddler Road for their wedding. The third-floor deck buckled just as the couple was about to celebrate their first toast.

Some guests fell into the pool or onto a patio and suffered serious injuries. City officials later found that the deck had been nailed to the house instead of bolted to the frame.

One guest, David Falls, fractured a vertebra and ruptured his colon. He had to spend almost four months in the hospital.

He and his wife, who was also injured, were awarded nearly 40 percent of the settlement.

All told, the plaintiffs in the case had medical bills of more than $555,000.

The plaintiffs – including the bride and groom – sued property owners Earle and Patricia Mulrane and their insurance company.

The couple’s insurance company paid $300,000 toward the settlement – the amount of liability coverage the Mulranes had purchased for the home.

O’Brien said during a hearing in the fall that he felt frustrated by the amount of the settlement because it didn’t compensate the plaintiffs for the “horrendous injuries that are going to have a tremendous impact on the rest of their lives.”

There is currently $295,905 available for distribution, according to Norfolk attorney Robert E. Brown, who represented the Fallses.

The Mulranes are required to pay up to an additional $75,000 into a settlement fund for the victims by April 2013.

Norfolk attorney Todd Fiorella, who represented the Mulvanes, said “in this situation they were victims just as much as anyone else.”

The home was built long before the couple bought it in good faith, not knowing that it had a construction defect, he said.
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Brian MacNeish
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« Reply #9 on: February 28, 2010, 06:35:56 PM »

Tomorrow or Tuesday, I have to go re-inspect a failing deck that was given the OK by an HI just last summer!!
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Roy Cooke
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« Reply #10 on: February 28, 2010, 06:53:20 PM »

Tomorrow or Tuesday, I have to go re-inspect a failing deck that was given the OK by an HI just last summer!!

  Please keep us Posted Thanks . Roy

Bad scene Decks scare me big time .
We had One fall 10~ years ago and the owner was the President of Trent University . They had a big Party and there was dignitaries from many Universities from all over the world .
 I have never been able to find the rest of the story but lots suffered serious Injuries .
 I look close and write hard on all the decks I inspect.
Some Pictures  http://www.deckfailure.com/
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Roy Cooke
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« Reply #11 on: March 01, 2010, 05:55:59 AM »

http://hamptonroads.com/2010/02/judge-sets-settlements-sandbridge-deck-collapse

Published on HamptonRoads.com | PilotOnline.com (http://hamptonroads.com)
Judge determines settlement percentages in Sandbridge deck collapse case

The 36 plaintiffs who were injured when a deck of a Sandbridge home collapsed during a wedding five years ago can now start collecting their piece of a settlement.

Circuit Judge William R. “Buster” O’Brien entered an order in Virginia Beach Circuit Court today that lays out the percentages of a $375,000 settlement each of the plaintiffs and their attorneys should receive.

The settlement stems from the collapse of the third-story deck of a beachfront home called Sun Haven on Oct. 8, 2005. Amanda Hall and Kristopher Hoke had rented the home at 2576 Sandfiddler Road for their wedding. The third-floor deck buckled just as the couple was about to celebrate their first toast.

Some guests fell into the pool or onto a patio and suffered serious injuries. City officials later found that the deck had been nailed to the house instead of bolted to the frame.

One guest, David Falls, fractured a vertebra and ruptured his colon. He had to spend almost four months in the hospital.

He and his wife, who was also injured, were awarded nearly 40 percent of the settlement.

All told, the plaintiffs in the case had medical bills of more than $555,000.

The plaintiffs – including the bride and groom – sued property owners Earle and Patricia Mulrane and their insurance company.

The couple’s insurance company paid $300,000 toward the settlement – the amount of liability coverage the Mulranes had purchased for the home.

O’Brien said during a hearing in the fall that he felt frustrated by the amount of the settlement because it didn’t compensate the plaintiffs for the “horrendous injuries that are going to have a tremendous impact on the rest of their lives.”

There is currently $295,905 available for distribution, according to Norfolk attorney Robert E. Brown, who represented the Fallses.

The Mulranes are required to pay up to an additional $75,000 into a settlement fund for the victims by April 2013.

Norfolk attorney Todd Fiorella, who represented the Mulvanes, said “in this situation they were victims just as much as anyone else.”

The home was built long before the couple bought it in good faith, not knowing that it had a construction defect, he said.




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Source URL (retrieved on 02/26/2010 - 16:06): http://hamptonroads.com/2010/02/judge-determines-settlement-percentages-sandbridge-deck-collapse-case
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Brian MacNeish
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« Reply #12 on: March 08, 2010, 09:54:22 PM »

Tomorrow or Tuesday, I have to go re-inspect a failing deck that was given the OK by an HI just last summer!!

Had a look at the deck last week.........Inspector had not given it a full clean bill of health: He called a rotting ledger board but missed......

1) Rotting deck boards......owner's daughter put her foot through one!
2) 43" cantilevered overhang of 2"x6" joists @16" oc. There was a definite visible drop of 1+1/2" to 2" of the deck  from the support beam outward.
3) deck was uneven due to frost heave of concrete piers
4) 2 concrete pier tops were uneven with posts sliding off them
5) one of 3 support posts loose and out of plumb by about 3" in 5'
6) spliced 2x6 end joist supporting stairs to deck
7) no lag bolts at ledger board
Cool deck was supposedly rebuilt about 2005-6; I found evidence of re-used, non treated materials.....which is why the deck is rotting severely again in 4-5 years!!!

This HI should have not be inspecting homes.........he's only after the $$$$$$.
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Roy Cooke
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« Reply #13 on: March 08, 2010, 10:00:50 PM »

Thanks Brian glad you made your Post . It is so sad to see so many who are not dedicated to their Job .
 I have seen too many and if things go the way, I expect them to we will see many improvements in our industry .
 Did you get any pictures if so send them to me and I will post some Thanks ... Roy

 Roycooke@sympatico.ca
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Brian MacNeish
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« Reply #14 on: March 09, 2010, 09:45:43 PM »

W.......T.......F.......!!!!!!!

Inspected a deck today with excessive overhangs again! This deck is 8'+ high.......

1) railings are too low: 32" and 39" high
2) 2"x 8" joists@16" OC were cantilevered 46"
3) 2 effective load supporting pieces of a 3 piece 2x8 main support beam were cantilevered  51" out from last beam support post

Who is building this crap?Huh??

GTG. Have an early 6:30 start tommorrow.
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