CPMCBA Packet - Revised

CITY OF DOVER, DELAWARE CONSTRUCTION AND PROPERTY MAINTENANCE CODE BOARD OF APPEALS Wednesday, January 24, 2024 at 3:30 PM City Hall Conference Room, 15 Loockerman Plaza, Dover, Delaware AGENDA THE AGENDA AND PACKET FOR THIS MEETING HAVE BEEN REVISED TO INCLUDE SUPPORTING DOCUMENTS FOR ITEM #1 PROPERTY MAINTENANCE CODE CITATION (2009 INTERNATIONAL PROPERTY MAINTENANCE CODE - CHAPTER 3 – GENERAL REQUIREMENTS, SECTION 305.4 – STAIRS AND WALKING SURFACES) – APPEAL OF CITATION AND FINES - 1700 N. DUPONT HWY, K102 & K103 (CT MANAGEMENT, LLC & GM CEDAR CHASE APARTMENTS) VIRTUAL MEETING NOTICE This meeting will be held in the City Hall Conference Room with electronic access via WebEx. Public participation information is as follows: Dial: 1-650-479-3208 Link: https://rb.gy/imatb6 Event number: 2530 389 5902 Event password: DOVER (if needed) If you are new to WebEx, get the app now at https://www.webex.com/ to be ready when the meeting starts. CALL TO ORDER ADOPTION OF AGENDA 1. Property Maintenance Code Citation (2009 International Property Maintenance Code- Chapter 3 - General Requirements, Section 305.4 - Stairs and walking surfaces) - Appeal of Citation and Fines - 1700 N. DuPont Hwy, K102 & K103 (CT Management, LLC & GM Cedar Chase Apartments) ADJOURNMENT THE AGENDA ITEMS AS LISTED MAY NOT BE CONSIDERED IN SEQUENCE. PURSUANT TO 29 DEL. C. §10004(e)(2), THIS AGENDA IS SUBJECT TO CHANGE TO INCLUDE THE ADDITION OR THE DELETION OF ITEMS, INCLUDING EXECUTIVE SESSIONS, WHICH ARISE AT THE 1 TIME OF THE MEETING

GENERAL REQUIREMENTS Item 1. national Existing Building Code as required for existing SECTION 306 buildings: COMPONENT SERVICEABILITY 1. The nominal strength of any structural member is 306.1 General. The components of a structure and equipment exceeded by nominal loads, the load effects or the therein shall be maintained in good repair, structurally sound required strength; and in a sanitary condition. 2. The anchorage of the floor or roof to walls or col- 306.1.1 Unsafe conditions. Where any of the following urnns, and of walls and columns to foundations is not conditions cause the component or system to be beyond its capable of resisting all nominal loads or load effects; limit state, the component or system shall be determined as unsafe and shall be repaired or replaced to comply with the 3. Structures or components thereof that have reached International Building Code as required for existing build- their limit state; ings: 4. Structural members are incapable of supporting nom- 1. Soils that have been subjected to any of the following inal loads and load effects; conditions: 5. Stairs, landings, balconies and all similar walking 1.1. Collapse of footing or foundation system; surfaces, including guards and handrails, are not 1.2. Damage to footing, foundation, concrete or structurally sound, not properly anchored or are other structural element due to soil expan- anchored with connections not capable of supporting sion; all nominal loads and resisting all load effects; 1.3. Adverse effects to the design strength of 6. Foundation systems that are not firmly supported by footing, foundation, concrete or other struc- footings are not plumb and free from open cracks and tural element due to a chemical reaction breaks, are not properly anchored or are not capable from the soil; of supporting all nominal loads and resisting all load effects. 1.4. Inadequate soil as determined by a geotech- nical investigation; Exceptions: 1.5. Where the allowable bearing capacity of the 1. When substantiated otherwise by an soil is in doubt; or approyed 11?-t?~19~., ... .l.6. Adverse effects to the footing, foundation, I 2. Demolition ofunsafe conditions shall be per- mitted when approved by the code official. concrete or other structural element due to the ground water table. 2. Concrete that has been subjected to any of the follow- 305.2 Structural members. All structural members shall be ing conditions: maintained structurally sound, and be capable of supporting the imposed loads. 2.1. Deterioration; '~05.3 Interior surfaces. All interior surfaces, including win- 2.2. Ultimate deformation; - dows and doors, shall be maintained in good, clean and sanitary 2.3. Fractures; condition. Peeling, chipping, flaking or abraded paint shall be 2.4. Fissures; repaired, removed or covered. Cracked or loose plaster, decayed wood and other defective surface conditions shall be 2.5. Spalling; corrected. 2.6. Exposed reinforcement; or 2. 7. Detached, dislodged or failing connections. 305.4 Stairs and walking surfaces. Every stair, ramp, land- ing, balcony, porch, deck or other walking surface shall be 3. Aluminum that has been subjected to any of the fol- maintained in sound condition and good repair. lowing conditions: 3.1. Deterioration; 305.5 Handrails and guards. Every handrail and guard shall be firmly fastened and capable of supporting normally 3.2. Corrosion; imposed loads and shall be maintained in good condition. 3.3. Elastic deformation; 305.6 Interior doors. Every interior door shall fit reasonably 3.4. Ultimate deformation; well within its frame and shall be capable of being opened and 3.5. Stress or strain cracks; closed by being properly and securely attached to jambs, head- ers or tracks as intended by the manufacturer of the attachment 3.6. Joint fatigue; or hardware. 3. 7. Detached, dislodged or failing connections. 14 2009 INTERNATIONAL PROPERTY MAINTENANCE CODE®2

Item 1. QCitp of 1JBober January 4, 2024 CT Management, LLC C/O Katrina K. Doran, Esq. 225 South State Street Dover, DE 19901 Re: Appeal of Citation #23-00002652 - Weak and Loose Floor - 1700 N. DuPont Hwy, K 102 Appeal of Citation #23-00002668 - Weak and Loose Floor-1700 N. DuPont Hwy, KI03 Dear Ms. Doran, We have received your request to appeal the citation and fines relating to 1700 N. DuPont Hwy, KI02 & K103, in accordance with the 2009 International Property Maintenance Code - Chapter 3 - General Requirements, Section 305.4 - Stairs and walking surfaces. A meeting of the Construction and Property Maintenance Code Board of Appeals has been scheduled for Wednesday, January 24, 2024, at 3:30 p.m. to hear your appeal. This meeting will be held in the City Hall Conference Room, 15 Loockerman Plaza, Dover, DE 19901 with electronic access via WebEx, which may be accessed through a computer, smartphone, or a telephone call. Below, I have listed the information needed to access the meeting electronically. If you have any additional documentation that you would like the Board to review when considering your appeal, please provide this information to the City Clerk's Office prior to the appeal hearing. Please feel free to contact me by email atcityclerk(a).dover.de.us or by phone at (302) 736-7008 if you have any questions or concerns. Dial: 1-650-479-3208 Link: https://rb.gy/jlg196 Event number: 2531 3774565 Event password: DOVER (if needed) Sincerely, ~ Andria L. Bennett City Clerk cc: Nicholas Rodriguez, City Solicitor Gary Junge, Deputy City Solicitor Sharon Duca, Assistant City Manager Dawn Melson-Williams, Principal Planner Eddie Kopp, Chief Code Enforcement Officer John England, Code Enforcement Officer P.O. Box 475 .:. Dover, Delaware ·:·19903 3 ([ommunitp Qfxcellence 'lCbrougl) ~ualitp ~erbice

Item 1. HUDSON, JONES, JAYWORK & FISHER, LLC 225 South State Street, Dover, Delaware 19901 (302) 734-7401 · Fax (302) 734-5532 PARTNERS: DANIEL P. MYERS II REHOBOTH BEACH JAMES P. BECKER 309 Rehoboth Avenue CHRISTOPHER M. HOLMON Rehoboth Beach, DE 19971 MICHAEL G. RUSHE (302) 227-9441 D. BARRETT EDWARDS, IV ZACHARY A. GEORGE _________________________ ________________________________ OF COUNSEL: R. BRANDON JONES December 27, 2023 LEWES DAVID A. BOSWELL Dartmouth Business Center RICHARD E. BERL, JR. 34382 Carpenter’s Way, Suite 3 FRED A. TOWNSEND, III Lewes, DE 19958 LAURA D. WILLIS (302) 645-7999 ________________________________ _________________________ ASSOCIATES: CHAD C. MEREDITH ANN POULIOS BOSWELL WILLIAM S. HUDSON, 1934-2013 KRISTIN C. COLLISON JOHN T. JAYWORK – RETIRED DANIEL L. HUESTIS December 27, 2023 HARRY M. FISHER, III – RETIRED ADAM D. CROUSE KATRINA K. DORAN ANGELICA M. MAMANI City of Dover Attn: Inspections Department 15 Loockerman Plaza Dover, DE 19901 Re: 1700 N Dupont Hwy, K102 & K103 To Whom it May Concern: On behalf of my client, CT Management, LLC, an agent of the property owner, GM Cedar Chase LLC, I wish to appeal the attached notices of violation issued by the Division of Code Enforcement dated December 19, 2023 regarding the above units. It is the opinion of both CT Management and GM Cedar Chase, based on the preliminary findings of their engineer, that the floor in these units is structurally sound and that any requested repairs would be cosmetic. Please let me know if you have any other questions or need anything else from my client. Thanks, /s/ Katrina K. Doran Katrina K. Doran, Esq. 4

Item 1. From: Kopp, Eddie L To: Rivera, Arielle M Subject: FW: EXTERNAL: Appeal of violations Date: Wednesday, December 27, 2023 12:04:41 PM Attachments: Appeal Letter.pdf 20231219 Violations.pdf Eddie Kopp Chief Code Enforcement Officer City of Dover, Delaware 302- 760-4929 Phone 302-736-4217 Fax ekopp@dover.de.us From: Katrina Doran <kdoran@delawarelaw.com> Sent: Wednesday, December 27, 2023 11:57 AM To: Kopp, Eddie L <ekopp@dover.de.us> Cc: Duca, Sharon <SDuca@dover.de.us> Subject: EXTERNAL: Appeal of violations Some people who received this message don't often get email from kdoran@delawarelaw.com. Learn why this is important WARNING: This email originated from outside of the organization. Do not click links or open attachments unless you recognize the sender and know the content is safe. Please see attached letter of appeal for the attached violations. If I have reached the incorrect party, please forward to the correct party. Thanks, Katrina K. Doran, Esq. HUDSON, JONES, JAYWORK & FISHER, LLC 225 South State Street, Dover, Delaware 19901 Direct: (302) 734-7401 x140, Fax: (302) 734-5532 kdoran@delawarelaw.com www.delawarelaw.com PRIVILEGE AND CONFIDENTIALITY NOTICE The information contained in this e-mail message is attorney-client privileged and/or confidential information intended for the use of the named recipient only. You are hereby notified that any dissemination, distribution, or copying of this communication is prohibited. If you have received this communication in error, please immediately notify the sender by replying to this electronic e-mail or call us at (302) 734-7401. Thank you. 5

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Item 1. Marble Contracting LLC De.Bus.Lic.#1994100434 4495 N Dupont Hwy Dover, DE 19901 (302) 678-8455 marblecontractingllc@gmail.com ADDRESS EST. # 1341 Mr Jay Orzel DATE 01/22/2024 Greens at Cedar Chase Apartments 1700 N Dupont Hwy Dover, DE 19901 DATE DESCRIPTION QTY RATE AMOUNT 01/22/2024 Greens of Cedar Chase. Building K (#102 & #103) Conduct 2 9,000.00 18,000.00 repairs under the crawlspace as per Engineering report from Scott Engineering Inc. Also I will install a 38' 4x6 beam with concrete footers extra as we did on the previous buildings to make secure for the future. This includes new vapor barrier etc. JOB TOTAL $18,000.00 ADDRESS:_________________________Acc eptance: I hereby accept this estimate. X_________________________________ X_________________________________ Date:________________ Additional Specifications: Accepted By Accepted Date 90 ESTIMATE / PROPOSAL

Item 1. Consulting Engineers • Surveyors • Land Planners January 12, 2024 Mr. Jay Orzel CT Management LLC 1985 Cedarbridge Avenue Suite # 5 Lakewood, NJ 08701 Re: Structural Inspection of Floor Support System Building K, Unit 102 Inspection Date: January 4, 2024 Inspection Time: 3:00 PM File Name: The Greens at Cedar Chase Apartments GM Cedar Chase LLC – Owner GM Locust Cedar Chase, LLC - Owner 1700 N. Dupont Highway Dover, DE 19901 Tax Map Parcel No. ED-05-057.01-02-08.00-000 S.E.I. Project No.: SI-4295 Present At Inspection: Mr. Jay Orzel – Owner’s Rep. Mr. Gregory R. Scott, P.E., Scott Engineering, Inc. - Engineer Inspection Description: The purpose of this inspection was to conduct a structural inspection of the floor support system of Building K, Unit 102 at The Greens at Cedar Chase Apartments and to make recommendations for repairs. General Description: The apartment unit is a first-floor unit of a three-story apartment building. The floor support system is constructed over a crawlspace and is comprised of ¾” T&G structural plywood on 16” deep wood trusses spaced at 24” on center. The trusses are constructed with 2x4’s fastened together at the joints with galvanized steel pronged truss plates. The trusses vary in length ranging from 17’ to 20’ to 23’ in length. The ends of the trusses are supported on wood sill plates on CMU block foundations walls with approximately 3 ½” bearing on each end. For the purpose of this report, the front of Building K faces north. Photographs: See the following pages: 22 Old Rudnick Lane • Suite 2 • Dover, Delaware 19901 • Tel: 302-736-3058 • Fax: 302-736-3059 info@scottengineering.com • www.scottengineering.com 91

Item 1. The Greens at Cedar Chase Apartments Building K, Unit 102 Observations: Building K, Unit 102 Interior: I1. An inspection of the floor support system found that the T&G structural plywood on the floor was sagging or had dropped in several areas and the floors were sloping slightly in the living room area, kitchen area, and bathroom. The amount of slope varied across the unit. The sloping is the result of the floor trusses deflecting downward (see photographs #1 and #2 for typical floor truss construction). I2. It was noted that the plywood in the bathroom on the left or northerly side of the unit was soft between the tub and the sink. The extent of the damage could not be ascertained due to the floor cover on the bathroom floor. Crawlspace: C1. An inspection of the crawlspace beneath the apartment found the crawlspace to be slightly damp, but not wet. However, it was noted and evident that the wood floor trusses had been exposed to wet conditions in the past. The wet or damp condition has caused the wood trusses to absorb water and, as a result, the trusses have sagged and deflected downward causing the floors above to drop and slope. The trusses were spaced at 24” on center and ranged in length from 17’, 20’, and 23’ in length. The worse amount of slope was noted in the area where the 23’ long trusses were located, which was below the living room and kitchen area. C2. It was noted that the floor sheathing beneath the bathroom had incurred water damage from a leak and the plywood was dark and soft (see photographs #3 and #4). The extent of the damage could not be ascertained due to the insulation in place. C3. No damage, breaking or failure of any floor trusses was noted, and the floor trusses were still structurally sound. Discussion: The sagging or drop in the floor of the apartment is the result of the floor support system absorbing moisture from within the crawlspace. It is also believed that the trusses may have been under designed for the loads imposed upon them and that the spans were excessive in some areas for the type of truss installed. Excessive does not mean the trusses are failing, but rather the amount of deflection in the trusses is more than desired. The same condition has been noted in several other units within the complex in the past. However, moisture exposure is the dominant factor in the sagging of the trusses. Once the wood absorbs the moisture it allows the trusses to deflect more than when they were originally installed. The floor trusses are still structurally sound, and no structural repairs are deemed necessary or required to the floor trusses. However, if it is desired to level the floor and alleviate the sagging, intermediate support beams will need to be installed beneath the floor trusses and the trusses jacked up to level out the floor. A design can be done to rectify the condition at the owner’s discretion. 2 of 6 92

Item 1. The Greens at Cedar Chase Apartments Building K, Unit 102 Recommendations: 1. The water damaged floor sheathing in the bathroom should be replaced. 2. At some time in the near future, the floor trusses should be jacked back up to level and a 4x6 PT girder installed beneath the trusses the entire length of the crawlspace with supporting footers and CMU block piers in order to level the floor back up to a normal condition. The procedure would be best implemented when the unit is vacant. Limitations: Comments and observations contained in this report represent the general condition of the structure as observed by the inspecting engineer. The opinions and comments contained in this report are based on the observation of the apparent performance of the structure and the qualified knowledge and experience of the observing engineer. Compliance with any specifications, legal, or code requirements, is specifically excluded from this report. The conclusions reached in this report are based upon the conditions observed at the time the inspection occurred. No guarantee or warranty as to future life, performance, or need for repair of any item inspected is intended or implied. This report is for use by the Owner only for determination of the structural stability and soundness of the structure and is not to be used for any other purpose. Please let me know if I can be of further assistance in this matter or if you have any questions. Report prepared by, Gregory R. Scott, P.E. 3 of 6 93

Item 1. The Greens at Cedar Chase Apartments Building K, Unit 102 Photograph #1 Typical Engineered Floor Trusses Photograph #2 Typical Engineered Floor Trusses 4 of 6 94

Item 1. The Greens at Cedar Chase Apartments Building K, Unit 102 Photograph #3 Water Damage to Bathroom Floor Plywood 5 of 6 95

Item 1. The Greens at Cedar Chase Apartments Building K, Unit 102 Photograph #4 Water Damage to Bathroom Floor Plywood 6 of 6 96

Item 1. Consulting Engineers • Surveyors • Land Planners January 12, 2024 Mr. Jay Orzel CT Management LLC 1985 Cedarbridge Avenue Suite # 5 Lakewood, NJ 08701 Re: Structural Inspection of Floor Support System Building K, Unit 103 Inspection Date: January 4, 2024 Inspection Time: 3:00 PM File Name: The Greens at Cedar Chase Apartments GM Cedar Chase LLC – Owner GM Locust Cedar Chase, LLC - Owner 1700 N. Dupont Highway Dover, DE 19901 Tax Map Parcel No. ED-05-057.01-02-08.00-000 S.E.I. Project No.: SI-4295 Present At Inspection: Mr. Jay Orzel – Owner’s Rep. Mr. Gregory R. Scott, P.E., Scott Engineering, Inc. - Engineer Inspection Description: The purpose of this inspection was to conduct a structural inspection of the floor support system of Building K, Unit 103 at The Greens at Cedar Chase Apartments and to make recommendations for repairs. General Description: The apartment unit is a first-floor unit of a three-story apartment building. The floor support system is constructed over a crawlspace and is comprised of ¾” T&G structural plywood on 16” deep wood trusses spaced at 24” on center. The trusses are constructed with 2x4’s fastened together at the joints with galvanized steel pronged truss plates. The trusses were approximately 17’ in length. The ends of the trusses are supported on wood sill plates on CMU block foundations walls with approximately 3 ½” bearing on each end. For the purpose of this report, the front of Building K faces north. Photographs: See the following pages: 22 Old Rudnick Lane • Suite 2 • Dover, Delaware 19901 • Tel: 302-736-3058 • Fax: 302-736-3059 info@scottengineering.com • www.scottengineering.com 97

Item 1. The Greens at Cedar Chase Apartments Building K, Unit 103 Observations: Building K, Unit 103 Interior: I1. An inspection of the floor support system found that the T&G structural plywood on the floor was sagging or had dropped in several areas and the floors were sloping slightly in the living room area and kitchen area. The amount of slope varied across the unit. The sloping is the result of the floor trusses deflecting downward (see photographs #1 - #4 for typical floor truss construction). There was also a slight drop in the floor at the entry into the unit near the door. Crawlspace: C1. An inspection of the crawlspace beneath the apartment found the crawlspace to be slightly damp, but not wet. However, it was noted and evident that the wood floor trusses had been exposed to wet conditions in the past. The wet or damp condition has caused the wood trusses to absorb water and, as a result, the trusses have sagged and deflected downward causing the floors above to drop and slope. The trusses were spaced at 24” on center and were approximately 17’ in length. C2. It was noted that the 2nd and 3rd floor trusses from the east or door end of the unit had been repaired or reinforced at some time in the past. The repairs were shoddily made and less than industry standard (see photographs #5 - #9). There were also several cuts noted in the bottom chord of the trusses and a crack in the bottom chord of the 3rd truss. There was also one joint on the 3rd truss that did not have any gusset plates connecting the diagonals to the top chord. There was also a couple metal gusset plates that were no longer connected to or partially connected to the truss members. There was a microlam LVL that had been installed on one side of both of the trusses in an effort to reinforce the truss, but it did not extend the entire length of the truss and was not supported on the ends and the trusses also were never jacked back up to level. It was also noted that some plywood had been installed beneath the original floor sheathing on the floor above and supported by arbitrary 2x4’s. The condition of the trusses and the less than stellar repairs are the reason why the floor near the entry door into the unit had dropped slightly. C3. No damage, breaking or failure of any other floor trusses was noted, and the floor trusses were still structurally sound, except for the two trusses noted in Observation C2. Discussion: The sagging or drop in the floor of the apartment is the result of the floor support system absorbing moisture from within the crawlspace. It is also believed that the trusses may have been under designed for the loads imposed upon them and that the spans were excessive for the type of truss installed. Excessive does not mean the trusses are failing, but rather the amount of deflection in the trusses is more than desired. The same condition has been noted in several other units within the complex in the past. However, moisture exposure is the dominant factor in the sagging of the trusses. Once the wood absorbs the moisture it allows the trusses to deflect more than when they were originally installed. All floor trusses are still structurally sound, except for the two trusses noted, and no structural repairs are deemed necessary for the remainder of the trusses. However, if it is desired to level the floor and alleviate the sagging, intermediate support beams will need to be installed beneath the floor trusses and the trusses 2 of 8 98

Item 1. The Greens at Cedar Chase Apartments Building K, Unit 103 jacked up to level out the floor. A design can be done to rectify the condition at the owner’s discretion. Recommendations: 1. The 2nd and 3rd floor trusses at the east end of the unit should be correctly repaired. This will more than likely require some of the repairs and reinforcing lumber to be removed and new or additional repairs made. See the attached plan of recommendations. It is recommended that a field inspection be performed with the engineer and contractor who is going to perform the repairs in order to go over the recommendations and to discuss the repairs in detail, which may amend the plan that has been provided. 2. At some time in the near future, the floor trusses should be jacked back up to level and a 4x6 PT girder installed beneath the trusses the entire length of the crawlspace with supporting footers and CMU block piers in order to level the floor back up to a normal condition. The procedure would be best implemented when the unit is vacant. Limitations: Comments and observations contained in this report represent the general condition of the structure as observed by the inspecting engineer. The opinions and comments contained in this report are based on the observation of the apparent performance of the structure and the qualified knowledge and experience of the observing engineer. Compliance with any specifications, legal, or code requirements, is specifically excluded from this report. The conclusions reached in this report are based upon the conditions observed at the time the inspection occurred. No guarantee or warranty as to future life, performance, or need for repair of any item inspected is intended or implied. This report is for use by the Owner only for determination of the structural stability and soundness of the structure and is not to be used for any other purpose. Please let me know if I can be of further assistance in this matter or if you have any questions. Report prepared by, Gregory R. Scott, P.E. 3 of 8 99

Item 1. The Greens at Cedar Chase Apartments Building K, Unit 103 Photograph #1 Typical Engineered Floor Trusses Photograph #2 Typical Engineered Floor Trusses 4 of 8 100

Item 1. The Greens at Cedar Chase Apartments Building K, Unit 103 Photograph #3 Typical Engineered Floor Trusses Photograph #4 Typical Engineered Floor Trusses 5 of 8 101

Item 1. The Greens at Cedar Chase Apartments Building K, Unit 103 Disconnected truss joint Miscellaneous plywood Photograph #5 nd rd Repaired 2 and 3 Floor Trusses at East End of Unit Improperly installed blocking Cut bottom chord Photograph #6 Repaired 2nd and 3rd Floor Trusses at East End of Unit 6 of 8 102

Item 1. The Greens at Cedar Chase Apartments Building K, Unit 103 Broken bottom Cut bottom chord chord Photograph #7 nd rd Repaired 2 and 3 Floor Trusses at East End of Unit Cut bottom chord Photograph #8 Repaired 2nd and 3rd Floor Trusses at East End of Unit 7 of 8 103

Item 1. The Greens at Cedar Chase Apartments Building K, Unit 103 Cut bottom chord Photograph #9 nd rd Repaired 2 and 3 Floor Trusses at East End of Unit 8 of 8 104

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