Homeowner Forum / Construction / August 2005

I'm assuming you're talking aobut one of those metal ribbed fabric
structures, right?  And that it is freestanding and not attached to the
house (that could complicate matters).

                              CHAPTER F7
                    FIRE-RESISTANCE-RATED CONSTRUCTION
                                  §F701
                                 GENERAL
§F701.1 Scope. The provisions of this chapter shall specify the
requirements for and the maintenance of fire-resistance-rated
construction
and requirements for enclosing floor openings and shafts in existing
buildings.  New construction shall comply with the Building Code of New
York State.

There is absolutely nothing in that section that pertains to your
situation.  If the guy is referencing the wrong section, and spouting
some nonsense about snow, he is full of the proverbial sh.t.  Sounds
like you have a winner on your hands.

Your local library should have copies of the state and local building
codes.  Fighting a building inspector can be horrendous, if not
impossible.  Copy the referenced section, set up a meeting and bring it
down to his office.  The building department will have their own codes,
maybe as books, or maybe on CD.  Point out that there is nothing in
that section that mentions snow, temporary structures (no foundation so
it's not permanent - but that opens a can of worms as a temporary
structure is defined as being in place for less than 180 days - you
might have to take it down and put it up again next winter), nor
non-fire-rated structures.

You _must_ have the manufacturer's literature handy.  Do not go to his
office without it.  Do not argue your case without it.  You very well
may not have a leg to stand on (skip to the end it you're the impatient
type).

Technically what you have is a Membrane Structure.  From the NY
Building Code:
                                  §3102
                           MEMBRANE STRUCTURES
§3102.1 General. The provisions of this section shall apply to air-
supported, air-inflated, membrane-covered cable and membrane-covered
frame
structures, collectively known as membrane structures, erected for a
period
of 180 days or longer.  Those erected for shorter period of time shall
comply with the Fire Code of New York State.  Membrane structures
covering
water storage facilities, water clarifiers, water treatment plants,
sewage
treatment plants, greenhouses and similar facilities not used for human
occupancy, are required to meet only the requirements of §3102.3.1 and
§3102.7.
 §3102.3.1 Membrane and interior liner material. Membranes and
interior
 liners shall be either noncombustible as set forth in §703.4, or
flame-
 resistant as determined in accordance with NFPA 701 and the
 manufacturer's test protocol.
§3102.7 Engineering design. The structure shall be designed and
constructed to sustain dead loads, loads due to tension or inflation,
live
loads including wind, snow, flood, and seismic loads, and in accordance
with Chapter 16.

There is an exemption in the Fire Code for open-sided canopies, but
yours probably has sides.

You will need the manufacturer's literature, and possibly need to
contact them to get a copy of their test results to show the structure
can indeed withstand the design snow loads and that the fabric is
flame-resistant.

Most of the time the building inspector is just looking for supporting
evidence that a structure conforms.  If you can't provide evidence,
he's free to assume it doesn't.

That being said, there is a wide range of instant garages out there.
Most if not all of them will be made with fire-resistant/retardant
fabric - that's the easy part.  Many are _not_ rated for the type of
snow that you experience.  Just because he is referencing the wrong
section doesn't mean he doesn't have a case.

R

I live in a suburb of Rochester and I know of a friend who had the same
thing happen to him.
I don't know why the town said he had to get rid of it.