Fisher Homes fights permit denial over controversial building material

In a recent government meeting, representatives from Fisher Homes of St. Louis, LLC, presented their case for appealing the denial of a building permit for a single-family residence in Wentzville. The denial was based on the use of Dryline TSX, a building product that the city claims does not comply with the newly adopted 2021 International Residential Code (IRC) amendments.

Elizabeth Lum, the attorney representing Fisher Homes, argued that the city’s interpretation of the code is incorrect. She stated that the IRC allows for the use of Dryline as an alternate building material, asserting that the city must demonstrate why it should not be permitted. Lum emphasized that the denial of the permit was improper, as the submitted building plans met the necessary code requirements.

Key exhibits presented included technical evaluations and certifications from licensed engineers, as well as evidence of successful past usage of Dryline in homes constructed by Fisher. Dan O'Connell, the Director of Architecture for Fisher Homes, testified that Dryline has been used since 2018 without any structural failures reported. He highlighted that switching to a different exterior sheathing material would increase construction costs by approximately $2,000 per home, potentially exacerbating the ongoing housing affordability crisis.

O'Connell also noted that Fisher Homes has built around 650 homes in the St. Louis area since 2021, with approximately 120 in Wentzville, all utilizing Dryline except for one municipality, Arnold, where the building official was unfamiliar with the product. He confirmed that no structural failures or consumer complaints regarding Dryline have been reported in any of the jurisdictions where Fisher operates.

The meeting underscored the tension between local building regulations and the adoption of innovative building materials, with Fisher Homes advocating for the acceptance of Dryline based on its performance and compliance with the IRC. The outcome of this appeal could have significant implications for future construction practices and housing costs in the region.