ROANOKE TIMES 
                      Copyright (c) 1996, Roanoke Times

DATE: Tuesday, December 10, 1996             TAG: 9612100100
SECTION: VIRGINIA                 PAGE: C-4  EDITION: METRO 
DATELINE: RICHMOND
SOURCE: Associated Press


HOMEOWNERS ASK STATE TO KEEP RULE ON BUILDER LIABILITY CONTRACTORS WANT 3-YEAR LIMIT ON VIOLATIONS OF THE BUILDING CODES

Hoffman said she paid $35,000 from her own pocket to repair rotting subflooring and siding and a crumbling foundation after the company that built her Louisa County home avoided liability by declaring bankruptcy.

``Unfortunately, the way of doing business today seems to be to get in, get your money, get out and if you are found liable - declare bankruptcy,'' she told the board.

``Please give us the time, the backing and the recourse to deal with these matters,'' she said.

The housing board is considering a proposal by the Home Builders Association of Richmond and the Home Builders Association of Virginia to limit the time for citing building-code violations to three years after a house is occupied. There is no limit now.

James Bode of the builders' associations briefly mentioned the groups' support of the statute-of-limitations in his appearance before the board.

The home builders have argued there are time limits on manufacturer responsibility for most products and that builders should not be treated any differently.

Bob Olsen of Chesterfield County, a founder of Home Owners for Better Builders, told the board he did not think it had the authority to put a time limit on citing construction defects.

A proposed two-year limit was derailed last spring by Anne and David Woodruff of Louisa County, who have spent years fighting a builder over rotting siding.

``Should the change occur to the statewide building code, it will send a loud and clear statement to all citizens that shouts, `Building codes mean absolutely nothing in this state,''' Anne Woodruff told the board.

``Please do your duty for the citizens of this state, not to the dishonest builder who has all to gain from not being caught,'' she said.

Her husband warned: ``If you limit it to three years, you're inching toward complete elimination of the building code.''

John Tincoff said Fairfax County building inspectors cited 23 code violations since he moved into his $300,000 Vienna town house two years ago. There was inadequate insulation, plumbing and subflooring, Tincoff said.

The builder fixed some of the defects but Tincoff is worried that more problems lurk behind drywall and in other concealed areas.

The board also is considering reducing from 90 days to 30 days the time by which homeowners may appeal a local building official's decision to the State Technical Review Board. The board hears code complaints that have not been resolved at the local level.

``It takes longer than 30 days to do this,'' Olsen told the board.

Board chairman Leonard Hobie Mitchell, a home builder from McLean, said the board would review the recommendations and vote after the public comment period ends on Jan. 10.


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