Commission upholds violation for flood mitigation work at 800 West 3rd, denies owner’s appeal

The Building and Standards Commission on July 22 denied an appeal from the owner/manager of a multifamily property at 800 West 3rd Street after staff concluded that the mitigation work performed after an April rain event required a building permit.

Investigator Edmund Hsu testified that on May 4 and subsequent visits he observed flood‑related openings in interior walls and other penetrations; plan reviewers told him the cumulative work likely exceeded the city's amendment limit for non‑permit repairs (96 square feet of gypsum board) and that some penetrations affected joint or fire‑resistance walls that require inspection. Hsu said inspectors had asked the property to obtain a building permit so that plan reviewers and building officials could confirm required materials and fire‑resistance continuity.

Holly Turner, the property risk manager, said the cuts were standard mitigation—drainage/flood cuts and temporary flood‑damage repairs—and that an independent engineering firm (Wiss, Janney, Elstner) reported the condition was minor and nonstructural. Turner said the property treated 22 units similarly and that she had not previously been told that such flood mitigation required permits.

Deputy building official Alan Wu and assistant director Elaine Garrett clarified that the city's code amendment allows limited nonstructural gypsum replacement (up to about 96 square feet) but that work in adjoining fire‑resistance or shear walls or cumulative work across multiple units can trigger permits. They also said building officials must confirm that repairs restore required fire‑resistance and use appropriate gypsum board where joint walls were affected.

After hearing testimony and admitting exhibits from both sides, commissioners voted to adopt staff’s proposed findings and conclusions and deny the appeal, upholding the notice of violation and the requirement to obtain a permit for the work described.