THIS PETITION WAS CREATED IN ORDER TO CREATE COMMUNITY AWARENESS ABOUT ISSUES WHICH CAN AFFECT HOMEOWNERS AND/OR CONSUMERS OF NEW HOMES IN THE CITY OF COEUR D'ALENE. THIS WAS PROMPTED BY A FAMILY WHO ENDURED A SERIOUS PERSONAL INJURY / ACCIDENT WHICH COULD HAVE BEEN PREVENTED. THE GOAL OF THE PETITION IS NOT TO CONVINCE OR COERCE BUT TO EDUCATE. WHILE THE SPECIFIC INFORMATION PROVIDED HERE IS THE RESULT OF MUCH RESEARCH, YOU ARE ENCOURAGED TO USE THE "SOURCES" INFORMATION PROVIDED TO DO YOUR OWN RESEARCH, FOLLOW-UP, AND VERIFICATION OF THE ISSUES. IF AFTER READING THE INFORMATION HERE AND/OR DOING YOUR OWN FOLLOW-UP YOU BELIEVE THAT THERE IS A PROBLEM IN OUR COMMUNITY WHICH NEEDS TO BE ADDRESSED IN THE NAME OF PROTECTING CONSUMERS AND HOMEOWNERS, THEN BY ALL MEANS, PLEASE SIGN THE PETITION.

ARE YOU AWARE OF THE FOLLOWING?

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1) BUILDING CODES IN THE CITY OF COEUR D'ALENE CONCERNING LOT GRADING AND DRAINAGE ARE LESS STRINGENT THAN THE MINIMUM SPECIFICATIONS RECOMMENDED BY THE UNITED STATES ENVIRONMENTAL PROTECTION AGENCY (US EPA)?

More information:

In summary, the US EPA exists to provide guidance in the form of specifications which should be followed when planning for or during the construction of buildings/structures in order that they can be safely occupied once completed. The US EPA recommends a minimum 1/2 inch per foot of grade away from the house for a minimum of 10 feet and if limitations prevent the builder from providing this grade at least 10 feet away from the house (for example, homes are less than 20 feet apart), the builder is to provide swales and proper drainage systems to carry water away from the structure. The City of Coeur d'Alene Building Department requires only 1/4 inch per foot of grade away from the house for only 6 feet and they do not look at any grading on your lot outside of that 6-foot perimeter. These are the measurements to be achieved for "final grade" (when the city approves work done by the builder). A few years after the homeowner moves into their new home, the dirt next to the home may have "settled". Builders claim there is nothing they can do about this but the EPA claims builders should be aware of this and plan for it by providing extra dirt and properly tamping back fill during the build process (see sources below). These issues are central to keeping water away from your home which ultimately protects the integrity of your foundation and if followed, EPA recommendations can help prevent flooding of homes with subterranean basements.

Sources:

City of Coeur d'Alene Building Department: (208) 769-2267
www.cdaid.org/building

US EPA:
http://www.epa.gov/indoorairplus/technical/moisture/1_1.htm

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2) HOMEOWNERS INSURANCE COVERS STRUCTURAL DAMAGE BUT DOES NOT COVER PERSONAL INJURY OF OWNER OCCUPANTS EVEN IF THE INJURY OCCURS DUE TO THE SAME EVENT WHICH CAUSED THE STRUCTURAL DAMAGE.

More information:

If a tree falls on your home, your homeowners insurance will cover the structure (damage to your house) but if the tree also breaks your leg in the process (damage to your person), your personal injury will not be covered. Personal injury is covered only by your medical insurance. The medical liability clause on your homeowners insurance is intended only to cover medical liability costs for visitors and/or guests. For example, if a neighbor slips and falls in your back yard and gets a concussion, your homeowners insurance can cover medical costs for this. If you slip and fall in your own back yard and get a concussion, your homeowners insurance will not cover this, your medical insurance will cover this.

Sources:

Speak to your insurance company adjuster.

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3) HOMEOWNERS INSURANCE DOES NOT COVER STRUCTURAL DAMAGE DUE TO FLOOD CONDITIONS AND DOES NOT COVER FLOOD PREVENTION SOLUTIONS EVEN AFTER DAMAGE HAS OCCURRED.

More information:

If your finished basement floods causing damage to your structure (drywall, carpet, etc) and property (contents within the basement), your standard homeowners insurance will not cover any costs to repair your structure or replace your contents. For this you must carry a dedicated flood insurance policy, with its own premium, which is typically carried through and administered by the US Government agency known as FEMA (Federal Emergency Management Agency). In addition, even though you've had a proven problem, standard homeowners insurance will not cover installation of any type of preventative measures which could prevent the problem from happening again (rain gutter redirection, french drain installation, walls, dry wells, sump pumps, etc).

Sources:

Speak to your insurance company adjuster.

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4) WHEN YOU ENCOUNTER A SERIOUS PROBLEM YOU MAY NOT BE ABLE TO OBTAIN SERVICES FROM CERTAIN COMPANIES TO AID IN RESOLVING THE PROBLEM BECAUSE THOSE COMPANIES HAVE MORE IMPORTANT BUSINESS RELATIONSHIPS WITH YOUR BUILDER.

More information:

After our flood, many subcontractors recommended a 'french drain' as a solution or preventative measure. French drains can be fairly expensive but effective solutions depending on exactly what is needed, every situation is a bit different. In my situation, I have concerns about whether or not I have sufficient back yard to front yard grading on my lot, such that even with all the expense, installation of a french drain may not be successful. In other words, if I don't have enough grade, wouldn't installing a perfectly flat pipe accomplish absolutely nothing productive from a drainage perspective? In order to resolve these concerns I contacted a number of local engineering firms with the goal of having them come out and measure my lot to determine if I had enough grade to allow a french drain project to be successful. Upon being asked about the details of my particular situation and providing them, I was turned down. Nobody would come out and help me assess the "root" of my problem so that I could then pursue proper solutions. Local companies told me they "smelled a lawsuit" or "had relationships with my builder" which caused them to not want to provide me with service, even if I paid for it.

Sources:

I called at least 3 engineering firms in the City of Coeur d'Alene who turned me down. I'm not naming specific engineering firms here just like I have not named any specific builders in this petition. This is not about casting fault or blame on a particular company but about awareness of a much larger problem as a whole that needs to be addressed by the city and builders together, on behalf of consumers/homeowners, in the name of protecting their long term best interests of those consumers/homeowners (physically and financially).

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5) IT IS ILLEGAL FOR A NEIGHBORS YARD TO DRAIN INTO MY YARD UNLESS IT WAS A PRE-EXISTING CONDITION WHEREBY THE NATURAL GRADING OF THE LAND CAUSES THIS TO HAPPEN AND YOUR BUILDER IS NOT REQUIRED TO CHANGE THE NATURAL GRADING TO ENSURE PROPER DRAINAGE

More information:

You may assume that your builder is handling grading and drainage issues on your behalf. After all, they are your builder. They are in the business of building. You are not. Therefore, you entrust your builder to handle common sense issues on your behalf. This is a fair assumption to make but it is fundamentally flawed because it is, in fact, an incorrect assumption.

Source: City of Coeur d'Alene
Building Department: (208) 769-2267
www.cdaid.org/building
Engineering Department: (208) 769-2300
http://www.cdaid.org/engineering

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6) YOUR BUILDER IS NOT REQUIRED TO DEVELOP A SITE DRAINAGE PLAN FOR THE LOT ON WHICH YOUR HOME SITS.

More Information:

According to the US EPA, builders should develop a site drainage plan to explain how excess water surrounding the property will be dealt with. When I contacted my builder requesting the site drainage plan for my home, they responded by saying that a site drainage plan was not required and therefore one for my property did not exist. I recommend you contact your own builder to see if this applies to you as well.

Sources:

US EPA
http://www.epa.gov/indoorairplus/technical/moisture/1_1.htm

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7) INDOOR AIR QUALITY (IAQ) CAN BE DRASTICALLY AFFECTED IN A NEGATIVE WAY IF MOISTURE MAKES IT WAYS INTO YOUR HOME VIA WINDOWS, DOORWAYS, VENTS, THROUGH THE ROOF OR FOUNDATION, AND THIS MAY LEAD TO CONDITIONS WHICH POSE A SERIOUS HEALTH RISK TO OCCUPANTS OF THE HOME.

More Information:

The most obvious ways water can make its way into your home are through your doors, windows, and potentially through a leaky roof. However, did you know that concrete is porous? That's right, if water rests against your foundation for any amount of time, it's possible that it will seep through the porous concrete wall and into your basement. This can happen through both concrete walls and/or floors. This moisture can then provide an environment which fosters the growth of molds and fungi which can lead to serious health related issues. This applies whether your basement is finished or unfinished, though obviously it's easier to detect and fix problems in an unfinished basement.

Sources:
http://www.radonseal.com/articles/concrete-porosit...

http://www.a-1basements.com/basement-blog/concrete...

US EPA
http://www.epa.gov/indoorairplus/construction_spec...

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8) A NUMBER OF COMMON SENSE CHANGES COULD PREVENT A FLOOD OR ACCIDENT FROM OCCURRING IN YOUR BASEMENT SUCH AS:

a) Building Codes

Building codes at least as stringent as those recommended by the US EPA should be used in order to ensure a safe and inhabitable structure. These recommendations exist for good reasons. Do you agree? Why are builders not required to follow them in our area?

b) Disclosure

Your builder should be required to inform you that they are not responsible for modifying grading on your lot to achieve proper drainage prior to or during a purchase, not afterwards. Do you agree? Why are builders not required to disclose this type of information to consumers of new homes?

c) Tempered Glass Windows

Plate glass windows break in a way that creates large 'shards' of glass which can easily cause severe lacerations or other potentially life threatening injuries to occupants of the home. In non-life-threatening circumstances, surgery + months of being in a cast + physical therapy may be the only remedy to such injuries. Tempered glass windows break in a way that creates little 'beads' of glass which are much smaller and therefore not as dangerous. Band-aids (not surgery) are a likely remedy for injuries caused by tempered glass. Tempered glass windows are therefore safer, particularly in locations where the potential exists for water to build up behind a window causing it to shatter. Do you agree? Why are builders allowed to use plate glass for basement windows?

d) Install Window Wells Above Grade

There are many types of materials used to construct a window well and many different ways of installing them. Not all window wells are created the same. A prefabricated steel or aluminum window well is one less expensive option which basically consists of a sheet of metal in the shape of a "U" which is attached to your foundation and creates a space outside your basement window between the foundation and the surrounding dirt. When the window well is installed flush with grade, meaning that the top of the window well is at the same level as the dirt surrounding it, it is very easy for water or other objects to enter the well. When the window well is installed 6-8 inches above grade, meaning that the top of the window well is significantly higher than the dirt surrounding it, it is much more difficult for water or other objects to enter the well. Do you agree? Why are builders not installing window wells above grade, reaching up to the siding of the house (code says your siding should be a minimum of 6" above the level of dirt)?

e) Back Fill with Drain Rock

Back filling is what happens after dirt has been removed so that a basement foundation or window well (or other structure) can be installed. After the structure has been installed, the area is 'back filled'. For example, for homes with a basement foundation the builder will dig a hole in the earth approximately 8 feet deep, then pour the foundation, then once the foundation sets they will back fill the area around the basement foundation with dirt. Builders will sometimes also back fill the basement window well with dirt which does not encourage easy drainage of water that enters the window well. If you consider that the foundation wall is 8 feet tall, that the window well may be 4 feet tall, and that the typical basement window is 4 feet off the ground, this leaves 4 feet of dirt below the window in your window well. This area could be back-filled with drain rock to encourage proper drainage and therefore avoid the build up of water behind the window. Do you agree? Why are builders back-filling with dirt instead of drain rock?

f) Window Well Drains

If the builder is going to back fill with dirt, could they at least install a drain in the dirt to assist water getting as far below the foundation walls as possible? Water against the foundation is what potentially leads to all kinds of problems. A drain is still relatively inexpensive and would help avoid water from collecting over the top of solid dirt where water could build up behind the window. Do you agree? Why are builders not installing drains in window wells?

g) Footing Drains, French Drains, Basement Water Proofing, Dry Wells

A footing drain is essentially a perforated pipe which is installed at the 'footing' (bottom) of your basement foundation, to collect water which arrives there, and drain it away to a lower point further away from the house.

A french drain is essentially a perforated pipe which is installed near the surface of the soil, to collect water which arrives there, and to drain it away to a location further away from the house. Sometimes a french drain is tied to the footing drain, sometimes it is not.

Basement Water Proofing is a relatively inexpensive coating which looks like tar. When applied correctly during the build process prior to back-filling, this will make your basement water proof. Remember how cement is porous? Basement water proofing ensures there is a layer of non-porous material coating the outside of your porous cement so that water which comes up against your foundation will shed and not permeate your walls. Water which enters a french drain should never wind up against the house but water which winds up against a water proofed foundation should wind up in the footing drain.

A dry well or injection well is essentially a large cement pit built several feet around and several feet deep into the ground, sometimes surrounded with or filled with large rock. The purpose of the well is to collect large volumes of water and to quickly deposit it deeper into the ground where the soil can quickly drain water away naturally. It gets the water down to a point where the soil is more soft and porous, like a dry river bed filled with sand and rocks. This environment is much more capable of draining away water quickly as compared to the surface soils which are less accepting of water found there.

One would think that these things should ALL be installed particularly in northern climates where basement foundations are likely to come in contact with water in a regular basis. Do you agree? Why are builders not required to install many (or sometimes any) of these solutions? Why do builders not even provide these as options for consumers building new homes?

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IF AFTER READING ALL OF THIS INFORMATION YOU BELIEVE THAT COMMON SENSE DICTATES THAT BUILDERS AND THE CITY OF COEUR D'ALENE ARE NOT DOING AN ADEQUATE JOB OF PROTECTING CONSUMERS AND/OR THE INTEGRITY OF THE PROPERTIES THOSE CONSUMERS ARE PURCHASING, WOULD YOU PLEASE CONSIDER SIGNING THIS PETITION? PLEASE ALSO FEEL FREE TO SHARE YOUR THOUGHTS ABOUT THESE ISSUES IN THE COMMENTS.

IF YOU CAN SAY THE FOLLOWING OUT LOUD AND AGREE WITH IT, YOU SHOULD HAVE NO PROBLEMS SIGNING THIS PETITION:

"I FEEL THAT IF MY BUILDER IS NOT REQUIRED TO ABIDE BY EPA GUIDELINES AND IS NOT REQUIRED TO ADDRESS THE NATURAL GRADING OF THE LAND TO ACHIEVE PROPER DRAINAGE AND IS NOT REQUIRED TO HAVE A SITE DRAINAGE PLAN FOR THE LOT MY HOUSE SITS ON CONSISTING OF ONE OR MULTIPLE POSSIBLE SOLUTIONS PRESENTED ABOVE, THAT I SHOULD BE NOTIFIED ABOUT THIS SET OF CIRCUMSTANCES PRIOR TO PURCHASING A HOME".