Fire Accident Aided by Building Codes?

Graham, WAFire accident—any fire accident—is a tragedy, measured by loss of property and irreplaceable mementoes and sometimes, loss of life. Even when an individual survives, a fire injury can be devastating with lasting effects. Recent fire accident investigations in Washington State however have put the focus not on the specific origins of a fire, but how they can spread.

In a nutshell, there are concerns that houses are built too close to one another for adequate protection from the spreading of flames when a fire breaks out. This could have huge legal implications if a fire that breaks out in one house, spreads to an adjoining home and causes damage or loss of life. If local zoning allowed for homes to be built too close to one another to allow for a proper safety buffer, could the municipality be liable?

That could prove an interesting debate and all eyes at the moment are on Pierce County, in Washington.

It's been reported that Pierce County Council had imposed greater fire safety regulations on certain high-density developments, in view of an existing county requirement for special fire safety protections for most single-family homes built less than 10 feet apart.
At the same time developers of high-density developments were allowed to apply for an exemption from that rule when planning a so-called Planned development District.

That was back in 2006 and since then it has been reported that state and county building codes have changed to allow for the construction or regular homes to be built as close as six feet within one another, without any additional fire safety mitigation.

However, a string of recent fires has caused municipal leaders to take another look.

Last month five homes in Graham were damaged in a fire March 14th amongst homes that were zoned 10 feet apart from one another. Still another fire six days later damaged two homes, again zoned within 10 feet of each other. In other words, the fire started in one home, but jumped to the other.

It was not known if prevailing winds, or other factors played a role in the spreading of the flames. However, fire officials have told a Pierce County Committee that fires can and do spread easily between homes separated by as much as 10 feet.

Now, municipal officials are reviewing the building codes, not to mention what to do about homes that are built closer together, at six feet apart. Would retrofitting for fire safety and mitigation be required?

Were a fire to break out in one structure and spread to another that was a mere six feet away, could the owner of the second home sue the county for allowing the homes to be built too close together?

It has been reported that Pierce County's Community Development Committee is reviewing the issue. Meanwhile the local association of Fire Chiefs would like to see the county establish a task force—comprised of fire officials, developers, county planning staff and other stakeholders—with a mandate to review just how close together homes can be built without special fire protection provisions.

Much depends on the type of construction used. For example a fire would have a harder time spreading between two houses clad in clay brick, than two wood frame structures. Things like wood fences, shrubs and other additions can also contribute to the spread of a fire.

That said, one must wonder why building codes that are relaxed at the behest of developers were not subject to input by fire experts capable of commenting on the risk commonly associated, in their view, with placing buildings too close together without adequate safeguards.

And if this is the case, could this open up municipalities to liability in the event of such fires? Homeowners have a hard enough time collecting on insurance. Compensation from a municipality could augment the pursuit for damages.

Of course, each fire is unique and subject to its own fire accident investigation to determine the cause of a fire accident. However, if the guy's house next door caught fire and damaged your house in the process, causing loss of property and even fire injury, you could understand the motivation for a homeowner to break out the measuring tape and check the building code, followed by a call to an attorney.