Articles: Balusters and Bureaucrats

Articles: Balusters and Bureaucrats

Balusters and Bureaucrats
By David Workman

Having purchased an old house, a friend of mine, John, was informed that the house had a number of code violations. Specifically, the railing on the porch, at only twenty-one inches, fell considerably short of the city's required forty-two. This is a safety issue, he was told. Apparently, in 1901, when the house was built, children were only half the size that they are now -- or perhaps twice as aware of their surroundings. In any case, he was going to have to replace the porch railings.

So he did. He found a carpenter, who lathed out new balusters in the same style, which was expensive. John could have purchased ready-made uprights, but it was important to him to keep the porch looking as it had. It was while the balusters were being installed that the trouble started.

The trouble arrived in the form of Joyce, a representative of the Historic Preservation Society. She had noticed that the old balusters had been removed from the porch and was, she said, surprised that her office hadn't been informed. John didn't see why he should have to inform anybody that he was bringing his home up to code, and he told her so.

John isn't entirely diplomatic. One might characterize his attitude as dismissive, but since he really did want Joyce to go away, such an attitude seemed appropriate. It did not seem so to Joyce, who didn't care to be casually rebuffed in her efforts. She began to make her case.

The house, as I said, was built in 1901. Up until the year 2000, the previous owners could have done anything they wanted to it, including improving the porch to meet code requirements. But in the year 2001, the house turned 100 years old. The Historic Preservation Society took an interest, and voilà: here was Joyce, trying to exert some authority over John's property.

While Joyce recognized that the porch was not up to code, her only solution was to replace the balusters in their original style and height and add an additional railing at the prescribed level. John declined this suggestion. The carpenter, who had stopped in his work and was listening to this exchange, was informed that he should continue, and Joyce was informed that the code enforcement officer would be on site the following week to certify that the dangerous porch railing had been replaced. John invited Joyce to meet with him then, although the nature of the invitation left no room for doubt that her presence was not eagerly anticipated.

When Roger, the code enforcement officer, arrived the following Tuesday, it became clear that Joyce had been lurking nearby, for she arrived hard on his heels. She again stated her case, which John had already heard and rejected and which was of no interest to Roger whatsoever.

After measuring the height of the railing, Roger was ready to sign off on the improvements. Joyce persisted. Roger still did not care and explained that his concern was simply certifying the improvements. John then inquired as to the repercussions of ignoring the building codes. Roger informed him that a fine of $500.00 could be levied each month, and the building could be deemed uninhabitable. John then asked Joyce what the repercussions of ignoring her demands. When he was informed that she could issue only a single fine of $200.00, John wrote a check, handed it to her, and asked her to leave.

In a perfect world, this would be the end of the story. John was happy that his home was inhabitable, consistent with the code, and still exhibiting the style that he had first found attractive. Roger had done his job, which consisted of taking a couple of measurements, but which we can assume will spare untold numbers of incautious children and intoxicated adults from pitching off the porch. The carpenter earned his pay and later got a recommendation when another friend of John's was looking to have some windows fitted. Sweetness and light all about, one would guess.

But this story includes a minor-level bureaucrat who had been spurned. At the next meeting in City Hall, Joyce stood to speak to the councilors. She might have pointed out that the regulations of two city agencies were at odds, and that some clarification was in order. But she didn't. She might have suggested a review board capable of making a ruling when two different mandates conflicted. She didn't do that, either. What she desired of the City Council was the authority to fine homeowners $500.00 per month.

To Joyce, and the other one million, eight hundred thousand civil servants in America, the problem isn't that there are too many regulations, and those too contradictory, that overburden the citizen who attempts to comply. The problem is that one agency enjoys a prerogative some other agency does not -- that agencies are not equal in their ability to coerce. Since the real problem -- the reconciliation of contradictory regulations -- was never addressed, the next move is almost certainly that Roger will seek his own privilege to impose greater fines.

Though our politicians are constantly in the spotlight, it's these little exchanges that truly make all the difference. More than anything, it's these petty bureaucratic arms races that impact our daily lives, punish the citizen, degrade privacy, and erode the value of personal property.


Joel [Moderator] 15 hours ago
This is a major reason why there needs to be a huge downsizing to government. This ant of a bureaucrat masquerading as a human causes more problems. The reason for the codes in this instance is for safety standards. Some regulations are good. Safety standards and such. Some regulations are bad. Like the ban of freon for inhalers. Because of this ban, asthmatics have to make use of a less effective means to get their medication. That means some people become limited in their movements. One at least died because of the ban.

Small businesses are dying and can't be reborn because of this administration's love affair with regulations and mandates. Petty bureaucrats like Joyce are having a ball. Regular citizens are being systematically intimidated by the ants. Two to one, Joyce is one of the most liberal women in her town with way too much time on her hands.

George S [Moderator] 12 hours ago
"He has erected a multitude of new offices, and sent hither swarms of officers to harass our people, and eat out their substance."

Joyce gets to retire at 55 with full pension and benefits after a productive career of writing summonses while John has the privilege to continue working until he collapses in order to pay the property taxes that sustains her. Thomas Jefferson said it better.

Parkerchandler [Moderator] 12 hours ago
"Some regulations are good." Really? This is precisely how fascism creeps into the back forty and eventually takes over the entire farm. The notion of "public safety" is such a canard and is nothing more than an excuse to regulate private property to the point of total government control. Giving a mere pretense of 'private' ownership. The "owner" only has all of the responsibility and all of the liability, whereas, the government has all of the control and power over its use and development. That is a pretty good working definition of FASCISM, government control of private property and enterprise, via regulation(s).The most dangerous words in the lexicon of a free society are: "Public Health & Safety"My advice to you lovers of statist regulation: Take care of your own business and do to others that which you would have them do to you. It's the only way to remain a free and prosperous society. Fretting over what some other man may do to harm himself is none of your business and trying to use the force of government to impose your will through regulation and bureaucracy, in that regard, is despicable and cowardly.

tonymarini [Moderator] 12 hours ago
It just goes to prove that absolute power corrupts, absolutely...and the axiom that when the only tool in your possession is a hammer, every problem becomes a nail. These "public servants" don't exist to help us, they exist to CONTROL us.

thoughtless [Moderator] 10 hours ago
I moved out of a town and county, where the codes were such that one lived as though in a military compound. The "Code Enforcement" officers cruised the streets looking for infractions such as cars parked on the grass, grass more than 8 inches tall, (yes, they would get out of the car and measure the grass), no fenced front yards, and the list goes on. Nazism at it's finest. The mayor's real job (the job of mayor does not pay a living wage ) is Neighborhood management. Some may say that such codes keep up property values. It is like having a property owners covenant for the whole city, without any option.

sirkent [Moderator] 10 hours ago
Do this kind of work after 5 pm and on weekends and you will probably slip through the cracks as most bureaucrats only work 9 to 5.

Ouderkirk [Moderator] 9 hours ago
Zoning codes make some sense, so that someone does not build a slaughterhouse or something similar in a residential neighborhood. Certain building codes are appropriate to be sure that the electrical system won't burn the house down and things of that nature which are hidden at the completion of construction. One appreciates the Historic Preservation Societies up to a point. But such things as aesthetics are esoteric and not necessarily the purview of codes enforcement. Yet the HPS's are a bunch of busybodies who have this idea that a historic neighborhood should look a certain way according to their whim. We understand that painting a historic brick home a shocking optic pink with optic green trim would be an eyesore. But if the homeowner is an idiot and would want to do such a thing, it is his property.

OregonBuzz [Moderator] 9 hours ago
Where I live in Oregon we have numerous "historical" buildings, most of them residential. The situation related here is quite common in my area. Homeowners are relegated to being mere tax paying caretakers who must bow and scrape to the "Historical Society"/City Planning, two entities that are frequentiy at odds and the owner is caught in the middle checkbook in hand. It's a disgrace.

PattyMor [Moderator] 8 hours ago
Its the Liberal's desire for control over you. And, nothing will stop them unless the citizens stand up and say no more. Be on guard for "sustainable" initiatives in your communities. This is a buzz word for more control over your property to the point of fascism.

Corcupine [Moderator] 8 hours ago
A business (restaurant) in a nearby town has been there for probably a good 50 years, passed down through the family. They are small, but do a steady business. A safety inspector came in and told them that they will have to put in a new fire-suppression sprinkler system, because the one they currently have does not meet code. This will cost at least $100,000. The owners of the restaurant went to the city, and told them they do not have $100,000, and that the old system they have is perfectly adequate for the small area of their restaurant. They were told that no exceptions can be made. They will now have to close their restaurant and lay-off all their workers. The city will lose all of the taxes and license fees. If this had been a multi-story building I could have understood the concern about fire-suppression sprinklers, but this is only a one-story adobe building.

ursa5000 [Moderator] 8 hours ago
Ah yes, 'crats with a clip board! My journey began whan I unloaded a ful pick-up truck load of firewood onto my property, in plain virew of the street at 8;00 p.m. I left it there, rather then bringing it directly into the back yard, behind a gate, since it was pouring rain plus I also needed the truck to pick up someone at the airport, and didn't want to haul all that wood 50 miles each way. I figured to move the wood after breakfast. the next morning.At 5:54 a.m. my dog wakes me and the doorbell rings. A city patrol car a fire truck, and city vehicle are in front of my house along with Caddy SUV. A real estate agant, who is having an open house six houses down had called the cops, fire department and "her friend" the mayor, for my having an eyesore, and a fire hazard. As I stood in my pajama bottoms, in my own front yard , her line was that I was ruining the prpoerty values of the neighboorhood with my pile of wood. I told them to give me 5 minutes to get dressed. Got dressed, I made coffee and brought...

Jacksprat [Moderator] 7 hours ago
Historic Preservation what a wonderful thought for Fascists. Some six or seven years ago now the Histerical Preservation people decided they wanted to create an Historic District in our neighborhood. So a useful idiot filed the necessary papers with the Histerical Preservation Commission. Mind you this is done with out notice to anyone. The notice comes later when they decide to have a "public hearing" to tell you that such an area is going to be imposed upon you.

Before I go any further please know that our neighborhood has over the last ten years and continues to cumulatively have millions of dollars of improvements and preservation done all because of pride of ownerhip and without the meddling government. But I digress as the local Historic Preservation officer, yes a public employee politcally appointed had a better idea.

Being somewhat enterprising the first thing I did was to find who actually filed the request. Much to my chagrin that person's property was one of the worst in the neighborhood. In my inimitable way I got steamed and found a core group of neighbors that did not want the goverment sitting outside our front door telling what to do and how to do it every time we want to pait the house, yes paint color is in the mix of rules. Thus I went to many neighbors only find out that I was not alone in my desire to kill this monstrosity. At the public hearing every witness was a person from another neighborhood or from out of town all telling us how wonderful a historic district is. I lost a friendship over it one of the out of town witmesses was the wife of a friend whose business services I used. It took a huge outcry from the neighborhood to stop this freight train but we actually stopped it and I suspect that so long as myself and other of the core group remain residents of the neighborhood no one will try that again.

A big thing with these people was that the regulations are essentially nothing different than covenants and restrictions which one finds in any new subdivision. Hogwash. Such regulations are backed up by the police power of the so-called government and implimented by the feckless wonderings of the mind of a government bureaucrat. Needless to say I probably remain somewhat hated at City Hall but to be hated for the right reasons is ok by me.

Bill W [Moderator] 7 hours ago
In keeping with historic preservation, John should return to burning coal to heat his house. Ask Joan if he should paint his house in historic lead based paint.

tall gal [Moderator] 6 hours ago
This article on beuracractic red tape reminds me or a small, but significant, experience I had with the city of Long Beach, California, where I used to live. At the time I was making jewelry which I tried to sell. The city at that time had a weekly craft fair, a perfect venue for me. There was one problem though. I had to get a business license to sell my bracelets. The red tape to get the license and the consequences of obtaining it were too much. I skipped the craft fair and got out of the business. Now multiply that experience millions of times in this country and imagine all the opportunities for business--and taxes--that are missed.

RedStater [Moderator] 6 hours ago
The truly ridiculous thing about building codes is that what is deemed unsafe today was approved as being a safety standard only a few years ago. I work in the building trade. Three years ago, 8 inches rise from one step to the next was code. The new rule is 7-3/4". Spacing between balusters used to be 6", then 4", now less than 4. Why was 6" safe before and now it's deadly? Have accidents of children slipping between stair rails become epidemic?
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Nancy Tannenbaum [Moderator] 6 hours ago
The "neighborhood association" here in Rio Rancho, New Mexico only allowed short driveways that accommodate two cars, which means that one either parks an additional car on the street, risking damage to the car, or one risks a heavy fine because the third parked car blocks the sidewalk by two inches. Yet, the association violated promises made when the house was purchased that only one-story dwellings would be built so as not to obscure the view of the mountains and instead built two-story homes which wiped out the view entirely. Also, asthmatics do indeed suffer thanks to new regulations regarding inhalers. You already can't breathe when you're having an asthma attack, but now you have to work much harder to pull the medication into your lungs which usually means you must take at least three puffs on your inhaler, thus forcing more medication than needed into your system, with detrimental results (nervousness, speeded-up heart rate, etc.). How about banning smoking entirely? Surely more tobacco smoke pollutes the air than any trace amount of freon escaping from an asthmatic's nose. Stupendously ridiculous.

hightide [Moderator] 5 hours ago
If you want these termites from hell, like Joyce off your property, you will need to organize a pest removal company called perhaps: participatory active and aroused citizens in favor of liberty and againtst govt. tyranny. Otherwise get in line to kiss their keister and grovel

Voter X [Moderator] 5 hours ago
Left to the government, an abandoned Fotomat could be declared a "priceless treasure." The city of Chicago has blocks and blocks of 100 year old eyesores that could soon be untouchable historic firetraps. Porch railings are only the beginning, lead paint and asbestos siding will make your house nearly unsellable. With Fannie and Freddie controlling 90% of all mortgages the fun has just begun.

Cucukacho [Moderator] 5 hours ago
I firmly believe that it should be a pre-requisite for anyone seeking public office to actually obtain a building permit. After spending 4 months recently and countless hours obtaining a simple permit I can assure you I am more qualified to be president than the current occupant.

Funemone [Moderator] 5 hours ago
We encountered a similar situation when our business was broken into. Police instructed us to install a dead bolt and the Fire Dept threatened to shut us down if we did????

Businessmen hate "bureaucracies because they are by their very nature impersonal, unresponsive, self-serving, and inefficient. " Somethings gotta give!

Concord Bridge [Moderator] 5 hours ago
There is nothing more rigid than the defense of a bureaucrat for his bureaucracy. Nanny state government has become the norm at all levels of government. A few years ago, I saw a bumpersticker in California that read: Make drugs as hard to get as a building permit. I truely yearn for the old days when freedom was the rule.

Stammon [Moderator] 4 hours ago
I live on a 190 year old farm. when we started to remodel, I went through the trouble of going to all the local agencies and getting permits. When I got to the septic tank, I knew there was trouble ahead. The good old boy network has tied up all the local contracts for septic tank work. If you do not use them, you will not get approved. So when I was in the office to get my permit, they handed me a copy of approved plumbers to install my new tank. I asked the guy, who would he use? He kind of stammered, refused to answer, then said the third guy on the list is in his opinion the best. Let's just say that third name is very well connected, But before I started the work, I found out that in Indiana, farms are not bound by any local regulations. None. So I still have my original, (too small), septic tank. Every year or so the county inspector shows up, and I laugh at him.Thanks Indiana.

Rickj27 [Moderator] 4 hours ago
The latest twist on sanity in the world is the audacity of liberals to presume that anyone who doesn't agree with them is just wrong, and a racist, terrorist, extremist to boot. It has come to the point where conservatives are neigh on being declared enemies of the state. I can see liberals pushing to have us rounded up and put in death camps since their mere pronouncements don't seem to be able to convert us. Progressive collectivists are dangerous, watch out for your rights. They'll go after the 1st and 2nd amendments, not necessarily in that order. Can civilization, such as it is, long last?

C G Von Rudenborg [Moderator] 4 hours ago
In my opinion the building inspector was wrong. That guard rail should have been "grandfathered" in. If every time a code is updated everyone had to bring all buildings up to the current code, it would be a nightmare. In Wisconsin the required height of a moisture resistant base board in toilet rooms has bounced back an forth between 4 and 6 inches several times. When it went from 4 to 6 inches, building owners were not required to replace the 4 inch high base boards. I will say that the installers of sprinkler systems must have one heck of good lobby because sprinklers are being required in more and more buildings and there is a push for requiring them in single family residences. It becomes very expensive to build a church in a rural area where there isn't a city water system because of the need for large water storage tank(s) and the pumps to operate the sprinkler system. Historically in this state there hasn't been a loss of life or injuries in church fires where the building didn't have fire protection. As I said, the sprinkler people have a very good lobby.

KirkW.Kelsen [Moderator] 4 hours ago
In my historic home, a needed rehabilitation sensitive to style to correct weather damage. was thwarted by a bureaucrat who informed me that if I proceeded, the city would hire contractors to return it to its former state, and charge me for, and of course fine me, too. So I've done nothing. The city thereafter went bankrupt.

As with code-enforcement against individual gold mining in California gold country (environmentalist based), discontinued because the enforcers have been laid off, maybe I should check to see who would stop me?

FRS [Moderator] 3 hours ago
This story is not unusual, having gone through this type of thing many times while building manufacturing plants, it is commonly understood someone is looking for some side cash. Best not play their game or they will be back. Report the incident to city council or some other authority figure or just print it as an op-ed in the paper. Usually, the problem will go away, unless their is some other motivating force, such as they are mad that the contractor was not unionized. Then, you have a real story.

Concord Bridge [Moderator] 3 hours ago
RedStater tells of how code was changed from an 8 inch rise from one step to another down to 7 3/4 inches. One way of creating jobs would be to require ALL non-compliant stairs to be retrofitted. This is how the Utopians think if one can call it thinking.
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Galen Hoover [Moderator] 40 minutes ago
I see that many readers have been touched by little public servant dictators. Many interesting anecdotes. I think this shows that who we elect at a local level is as or even more important than who we elect to State or National office. The interesting thing is that of all politics, National, State and local, we have the most power to effect change at the local level. This is why the TEA Party is so strong and perhaps feared. The oligarchs in charge of the political party machines know that a true grass roots movement can and will remove them from power.

Countryman [Moderator] 37 minutes ago
So far among the commentors, ParkerChandler is the only one who has it right. The rest start with the premise that the government has the legitimate right, given to it by citizens, to interfere in an individual's life, property, and pursuit of happiness. But under a free republic, the government has no power to dictate what you may do with what you own. The government cannot have rights which the individuals who have constituted such government do not have themselves. If I want to put up a slaughterhouse in my neighborhood in a ramshackle shack, my neighbors may come to me and persuade me to take it down, perhaps offer me money, but in no way should the government, local, state, or federal have the power to force me at the point of a gun to do so.

Simply put, my neighbor does not have the right to come on my property and tell me how to build my house; therefore, my neighbor, never having possessed that right, cannot give that right to the government, and subsequently the government does not possess that right. You cannot give what you never had.