Beating Upwind

As you may know, the chairman of House’s Armed Services Committee (Ike Skelton) said the other day we should keep Don’t Ask, Don’t Tell because repealing it could mean that parents might have awkward moments with their kids when they ask what it means to be gay.

I’ll just ignore all the other issues (Rachel Maddow covers them beautifully in her segment below), and I’ll answer the question posed by Mr. Skelton…

7 years old is the perfect age to discuss what it means to be gay with your kids. Why? Because at that age it’s not about sex - it’s about the relationship. You don’t have to discuss what you might think of as “icky” sexual practices - you can talk about loving relationships which should never be seen as “icky”. If your 7 year old asks if gay couples have kids, explain adoption to them and say gay couples adopt kids that same-sex couples aren’t able to care for. There’s nothing icky in that either…

I can see where the question could be awkward if the kid is 12 or 13, but I don’t see anything awkward about answering the question when the kid is 7.

And now for Rachel Maddow’s take on the issue…

Well, today was plan review day and we got rejected, AGAIN. The reasons this time were just bizarre…

The first thing that was rejected was the energy review. Our architect did this complex analysis using a web-based program provided by the federal government where you enter all the characteristics of the building including wall types, window types, light fixtures, etc. and it confirms compliance with the 2010 standards that are in effect for New York State. But the plan examiner rejected it because NYC is still on 2007 energy standards and the 2010 standards aren’t being phased in until later this year. They literally told us to come back in 24 days, on July 1, since they’ll accept our architect’s energy analysis on that date. So we got rejected for showing compliance with a more demanding standard that they’re going to use in less than a month. Go figure.

Second major item was the sprinkler system (again). This time the plan examiner wanted documentation that there was sufficient pressure in the water main to support the sprinklers being on the domestic water supply despite the fact that the code specifically states that sprinkler systems with 30 or fewer heads can feed off the domestic water supply. He also wanted all the pipe sizes and sprinkler heads specified, but that’s typically done when the sprinkler system is certified - it doesn’t need to be done at this point and requiring it now is just being difficult.

The biggest issue that he raised is that he’s insisting we do a pressure test on the water main to do the calculations to determine the sizes of pipes that are required for the sprinkler system. It takes 4 to 6 weeks to get DEP to do a flow test, so that means we can’t go in for a plan review until that’s done. Again, the flow test is typically done after DOB approves the overall plan - he’s just being obstructionist IMHO.

At one point the plan examiner insisted that we needed 2 hour fire rated walls around the stairwell, not 1 hour walls. Our expediter stuck to his guns and then it took the plan examiner 10 minutes of searching the code to realize we were right and he was wrong. Why do they have people doing plan exams who don’t know the code? If the code is just horribly complicated then why not have plan examiners specialize in certain building types? If we had someone who really knew the code issues for townhouses then maybe they’d know the code well enough to do their job properly.

Then the plan examiner was telling our expediter that he saw errors in the “I-Cards” for the building. I-Cards were the predecessor to Certificates of Occupancy, which came out in 1938. So in other words, he was holding us responsible for errors previous building owners made dating back to 1938 or before. I mean please… The whole point of our rehabbing the building is to bring it up to code and get a C of O. How can inaccuracies on the old I-Cards matter when the point of the exercise is to make them obsolete by getting a C of O?

Next time Dan and I will go to the plan review to prove the point that we’re not some nefarious slumlord trying to build a crappy substandard building. We’re just regular guys. Plus, with the enormous workload that DOB is under right now I just don’t understand how it’s productive for them to keep having us come back over and over again for stupid little things.

Now imagine if we were trying to purchase the place with a rehab loan and needed to get approved plans to close the loan. Obstructions like this can really hamper redevelopment of blighted buildings - for no good reason because they can tank deals. And it’s the reason why it can take FOREVER to close when the buyer needs financing to purchase. I’m sure more than a few deals have gone bad because DOB took too long and the contracts expired.

I was watching This Week yesterday and hoped an embeddable version of this clip would be available… It’s absolutely brilliant. You’ve got two top notch conservatives (Matthew Dowd - chief strategist for the ‘04 Bush/Cheney campaign, and conservative commentator George Will) saying that repealing Don’t Ask Don’t Tell is long overdue…

After listening to the intro, skip the discussion of the oil spill by clicking in the area to the right of the pause button and jump to time code 7:23 in the video…

Some of the best lines were Matthew Dowd saying “Republican office holders are so far out of step on this”, “it’s way overdue” (his emphasis). And then George Will saying that for young people “being gay is like being left handed - it’s not really very interesting”. And then he quotes a Supreme Court decision that talks about “the evolving standards of decency that mark a maturing society”. I wonder if he realizes just how damning that phrase is of people who favor “traditional values”. It literally says they’re neither mature nor decent. Then he goes on to say “the case is over” and the Republicans in Congress are “not being very intelligent”.

First there was Laura Bush, now Matthew Dowd and George Will… It’s really refreshing to see Republicans standing up for what’s right. But what took them so long? Democrats figured this out decades ago…

Well, the market is clearly going up… We looked at 413 West 154th Street last August and it had a lot going for it, but just wasn’t right for us. It sold this past month for more than I would have expected - $1.2M. At approximately 3800 sq. ft. that’s $316/sq. ft. I’ve been thinking the current comp for fully renovated townhouses is around $400/sq. ft. and the difference ($320K) is about right for the amount of renovation that’s needed.

Last year I thought the comp for it was it’s sister townhouse around the corner - 883 St. Nicholas Ave which sold in July ‘09 for $1.04M. Thing was, 883 was recently renovated and in better condition, so we figured 413 would go for less than that - probably under $1M.

Aging bathroom needs renovation

413 West 154 had had a day care center in the ground floor which was an English basement, so not completely livable space. The English basement was a bit of an issue for us since Dan wouldn’t have had a cellar to use for an art studio and we didn’t really have the option of a rental apartment on the ground floor unless it was a studio apartment. Despite being it being 21 feet wide, the rooms weren’t that wide because there was a structural wall running the length of the building. The top floor was a one bedroom “mother-in-law’s apartment” - so not legally rentable, but still an independent unit with it’s own kitchen, etc.

The other negatives were that it was a 1/2 block from a large housing project, and while it’s literally “around the corner” from the subway it’s just the C train - and it’s a long walk to express trains.

What 413 West 154 had going for it was that it was incredibly solidly built and completely livable. It looked like it had been renovated in the 80s and everything seemed like it was in working order, though the renovations were looking dated and needed a lot of updating. We knew if we moved into it that we’d want to spend $200-250K on bathroom and kitchen renovations. We never bid on it - there was just too big of a discrepancy between what they were asking and what it was worth to us and the layout didn’t really meet our needs.

Here are some pictures to give you an idea what it was like…

Basement level looking out to garden (previously the day care center)

Living room with spiral staircase up to master bedroom

Back yard with basketball hoop

Back wall showing building was in great condition

So, if you’re in the market for a townhouse, realize prices are starting to go back up. You’ll need to bid higher than you would have a 6 months to a year ago. That’s good news if you’re trying to sell or if you just bought. We’re not talking a huge jump in prices, but enough to be noticeable.

A new building code went into effect about 2 years ago now. Generally the changes were aimed at larger buildings, but a few things affect townhouses.

As I was writing up this post I got a call that our plans were not approved (for the 2nd time) and the issues were largely due to changes in the 2008 code. (Today is definitely a day when it feels like we’re ‘beating upwind’…)

Sprinklers

Possibly the biggest change in terms of expense is that most townhouses now require a full sprinkler system. Apparently the new code conflicts itself - part of it says 1 and 2 family homes require sprinklers, another part says they can be exempt. At one point I found the FDNY’s ruling that said that if the townhouse was being restored back to it’s original 1 or 2 family use then sprinklers were not required at all. However, once a DOB plan examiner says they want sprinklers (as in our case) there’s no way FDNY is going to overrule them and say they’re not necessary. Here are the part of the code that were cited by our plan examiner:

903.2.7 Group R. An automatic sprinkler system shall be installed in Group R fire areas. An automatic sprinkler system shall be installed throughout buildings with a main use or dominant occupancy of Group R.

Exception: An automatic sprinkler system shall not be required in detached one- and two-family dwellings and multiple single-family dwellings (town houses), provided that such structures are not more than three stories above grade plane in height and have separate means of egress.

Here’s a summary of the code in graphical format…

(Source)

So we’re now stuck having to put in a sprinkler system. I’m not sure why, but our architect and his expediter were reading the code only the egress had to be sprinklered so he drew up sprinklers on every stair landing and between the stairs and the front door using “water walls” between the stairs/corridor and the kitchen and the living room. But as I was writing this I got a call saying the plan examiner wants the entire building sprinklered (which is consistent with the part of the code he cited). That could be cost prohibitive for us - so it’s potentially very bad news…

The reason why any sprinkler system is so expensive is because sprinklers have to plumbed with cast iron pipe. Copper melts in a fire. The problem is our connection to the water main may not be big enough to support the demand put on it by the sprinklers. So that means we may have to upgrade our connection to the water main or get a dedicated connection to the main for the sprinkler system. That’s major money because it requires tearing up the sidewalk and touching the water main for the street.

We need to get estimates, but the sprinkler system the DOB plan examiner wants will cost WELL over $100K. Now we have to figure out what can be cut so we can afford the sprinkler system. So we’ve hit a pretty major roadblock.

Smoke Detectors

A more minor point is that all smoke detectors in the building now have to be interconnected - so if one goes off they all go off (great fun when what you’re looking gets a bit smokey).

Egress Stairs

Another change is that the 2008 code now requires that the stairwell continue up to the roof. Typically the way townhouses were built was to have a hatch going up to the roof. Now you need a bulkhead with  a full 3′ wide staircase and a door.

27-375(i) (1)(b) - “Buildings exceeding three stories in height shall be provided with one stairway at least three feet in width enclosed in fire-retarding partitions with a fire resistive rating of one hour protected by FPSC doors leading directly to the street and to the roof bulkhead.”

That’s less of an expense than a sprinkler system, but if you’ve got original staircases the question is how to match the style of the current stairs on the staircase going up to the roof. And what happens if you’re staircases aren’t a full 3′ wide? That could be a bit costly - or you’ll have a different type of staircase going the last flight.

There is one good thing about requiring bulkheads - if you put south facing windows in the bulkhead it’s better than having a skylight. The problem with skylights is that they don’t capture much of the low winter light (when you want as much light and heat gain as possible) and they capture too much of the high summer sun - making the building hot and increasing your air conditioning bills. Bulkhead windows get the maximum amount of winter sun and heat (lowering your heating bills) and capture less sun and heat in the summer (lowering your air conditioning bills).

Energy Considerations

Another frustration that relates to the 2008 code is that the plan examiner wants a crazy amount of detail on the energy usage of the building. The code is pretty clear that there are multiple ways to prove energy efficiency. Our architect did one of those ways (using a goverment program that calculates energy efficiency), but the plan examiner said that wasn’t good enough. He wants details on every window, exterior door, and light fixture.

If Your Buying A Townhouse…

If you’re in the process of building a townhouse that needs a lot of work (or already own one) - realize the 2008 code will impact you greatly, as it’s affecting us. The townhouses you may be seeing that are renovated were typically renovated under the old, 1968, building code. You have to meet  a much more demanding standard now.

If you can find a townhouse that has plans that were approved under the old building code then you can use those plans provided the permits have been kept current. But if the permits expired make the current get them renewed before you purchase the property. But realize you’ll be able to make minor changes to those plans. Talk to an architect and an expediter to make sure you can build under those plans. If the owner can’t get the plans renewed, lower your bid price substantially to compensate yourself for having to meet 2008 code.

If you’re buying a townhouse without approved plans (the norm) make sure you overestimate your renovation costs to compensate for things like full sprinkler systems. It can get expensive to meet 2008 code.