Connect with us

Local Government

Appeals board agrees Atwood has valid complaints, rules partially in her favor

Published

on

The family room fireplace refractory lining is significantly damaged and cracked, according to an independent home inspection report.

FRONT ROYAL – The Warren County Board of Building Code Appeals ruled Thursday partially in favor of Bentonville homeowner Kristie Atwood, who maintained that officials failed to identify all of the construction issues at home.

Atwood, whose home burned down in a 2015 fire, signed a contract with Buracker Construction LLC to clear the site of debris and rebuild the family’s home. An occupancy certificate was issued in July 2016, despite what Atwood said were a number of issues with construction, including the fact that no water test had been conducted, an outdoor furnace had not been installed, nor had a water softener system been installed. Since issuing that certificate, Building Official David Beahm has acknowledged that there were five building code violations that the county previously failed to cite.

Atwood’s attorney, David Silek, said an independent building inspector found at least 60 other items that also should have been found in violation of the building code. He told the board, regarding Beahm, “He missed… by coming back (to reinspect) he acknowledged he missed some.” Silek then told the board that Atwood was requesting that the county provide an outside, impartial inspector to reinspect her home.

In addition to the five violations found after the occupancy certificate was issued, the appeals board identified seven additional violations and voted in Atwood’s favor, 4-1. George Cline was the dissenting vote; Dave Buracker recused himself from the proceedings because he and his wife, Martha Buracker, are the builders against whom Ms. Atwood has lodged the complaint.

Beahm said after the meeting that he believes the board’s decision was illegal because specific code sections were not cited in identifying the seven additional violations.

During a May 22 hearing, Silek outlined several other issues regarding the contractor, Martha Buracker:

A building permit application designating Buracker Construction LLC, which is an unlicensed entity, as the contractor. The state contractor’s license on that application, however, belonged to Buracker Construction. The building permit was issued to Buracker Construction. The contract for the job was between Kristie Atwood and Buracker Construction LLC.

Because Buracker Construction LLC was not licensed, the Department of Professional and Occupational Regulation (DPOR) has indicated that Atwood is ineligible for the recovery funding, which “provides relief to eligible consumers who have incurred losses through the improper and dishonest conduct of a licensed contractor or real estate professional,” according to the DPOR website.

Silek said that those funds, were Atwood be able to collect them, would be used to correct the violations found by the appeals board.

Appeals board members commented several times throughout the hearing that it is not within their purview to rule on any issues relating to the permit or the unlicensed contractor. Member Wendell Hatcher said, before making a motion to accept Atwood’s appeal request, “She is asking us to recognize Warren County’s errors in inspection; she has a valid complaint.”

Atwood said after the meeting she would consult with Silek before making a decision regarding her next step in resolving the issues with her home.

1 Comment

1 Comment

  1. Newman

    June 8, 2018 at 6:05 pm

    How can there be such a large discrepancy between Atwood’s independent inspector finding 60 actual building code violations and the county building office and Inspections Board only agreeing to a fraction thereof? Why on earth would a homeowner settle with a contractor when they were missing such extensive features that were agreed to? Why is the Commonwealth not pursing this as a criminal issue? As I read VA Code 54.1-115 this can be punishable by levying a fine of up to $500 per day in which the acts occurred. Let’s get to the story behind the story Norma Jean Shaw.

Leave a Reply

Your email address will not be published. Required fields are marked *

King Cartoons

Upcoming Events

Jun
21
Thu
all-day Shoe Drive Fundraiser @ Living Water Christian Church
Shoe Drive Fundraiser @ Living Water Christian Church
Jun 21 all-day
Shoe Drive Fundraiser @ Living Water Christian Church
Living Water Christian Church is holding a shoe drive fundraiser to help with their backpack mission.  Help us to raise funds for our organization by donating gently worn, used, and new shoes! You can also[...]
5:00 pm Annual Wine Pull @ Blue Wing Frog
Annual Wine Pull @ Blue Wing Frog
Jun 21 @ 5:00 pm – 7:00 pm
Annual Wine Pull @ Blue Wing Frog
Annual Wine Pull | Thursday June 21st from 5:00 to 7:00 @ Blue Wing Frog on Chester Street. Every Ticket purchase includes, food, a glass of wine and a bottle of wine or wine tasting[...]
8:00 pm Gazebo Flix @ Village Commons
Gazebo Flix @ Village Commons
Jun 21 @ 8:00 pm – 10:00 pm
Gazebo Flix @ Village Commons
Family-oriented movies shown outside. Bring a lawn chair or blanket and enjoy! Movie starts at dusk. MOVIE SCHEDULE: June 7th – Jumanji  (sponsored by MetroPCS) June 14th – Frozen  (sponsored by Aire Serv Heating & Cooling) June[...]
Jun
22
Fri
5:00 pm Art in the Valley’s Grand Opening @ Art in the Valley
Art in the Valley’s Grand Opening @ Art in the Valley
Jun 22 @ 5:00 pm – 9:00 pm
Art in the Valley's Grand Opening @ Art in the Valley
Front Royal, VA – Art in the Valley, a fine art gallery and studio located at 205-A East Main St. in Front Royal has its grand opening on Friday, June 22nd from 5pm to 9pm.[...]
7:00 pm Gazebo Gatherings @ Village Commons
Gazebo Gatherings @ Village Commons
Jun 22 @ 7:00 pm – 9:00 pm
Gazebo Gatherings @  Village Commons
Gazebo Gatherings Summer Concert Series is presented by the Blue Ridge Arts Council and sponsored in partnership with the County of Warren, the Town of Front Royal and the Virginia Commission for the Arts. Bring[...]