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ajhulett

60 minute fireproof drywall in bath/shower even with concrete + tile?

7 years ago

I'm coming up here on the 7th month of a project that was supposed to take 9 weeks, largely due to issues with a nitpicky HOA and even more nitpicky + disorganized (and arguably malicious) city inspectors. The latest in this saga is this: our guest bath has been gutted and now the bathtub (alcove tub), electric and plumbing are in place as well as concrete on the floor. The inspector would not sign off on us moving forward because the cleanout access wasn't fireproof. So we fireproofed it. Now he comes back (2 weeks later) and says we also need to install 60 min fireproof drywall on the wall behind the bathtub (fyi it's an exterior wall) EVEN THOUGH we will be putting concrete (not concrete board) and tile on that wall! Have you ever heard of such a thing and does this even sound necessary? Isn't the concrete and tile virtually fireproof anyway? And aren't you NOT supposed to put drywall in a bath/shower because it will mold? So now we need to remove the bathtub and redo all of the plumbing including moving the toilet (and breaking up the concrete on the floor move it) because this fireproof drywall is going to make our wall thicker (we'll lose an inch of depth in the room). What do you guys think? Do I stand a chance fighting this? :( We are in a condo in Los Angeles if this helps those of you with building code knowledge.

Comments (11)

  • PRO
    7 years ago

    Didn't details on the plans that you submitted to the city provide details for fire-rated wall assembly?

    In LA you have to provide drawings and details for everything you do.

    I know that if there is an adjacent townhouse unit it should be separated by (2) 1-hr. fire-resistant rated assembly or a single 2-hr. fire-resistance rated assembly.


    I don't get how a 9 weeks turned into a 7 month project. Did you get caught doing work without permit?


  • 7 years ago
    last modified: 7 years ago

    Thanks for your response! I assume that our plans did (though I'm not sure) and our plans were certainly approved so I don't understand whats happening here at all. My contractor is equally perplexed and says he's never heard of this type of installation nor of this being required. The wall in question isn't a shared wall, the other side of it is the exterior of our unit. We also had a permit from the beginning.

    For some more color on why things have taken so long: a good 7-8 weeks passed with no work being done because our property management company and HOA kept asking for additional documentation in order to approve the addition of a skylight AFTER the HOA president initially told us that she consulted the management and that we were in the clear to include the skylight in our plans (which we did and we began demo. When it was time to make the hole in the ceiling we reached out because we had a question about something and THAT was when they suddenly had a problem with it). The president AND the property manager were flakey, they'd take days to weeks to respond to our calls/emails and after requesting one thing, they'd come back a week later requesting something else, multiple times. It was ridiculous. We've also probably lost a total of 4 weeks due to various materials we needed on back-order. A couple more weeks lost to poor scheduling of workers by our contractor. His father who lives abroad also passed away during this job so he went away for 3 weeks and practically nothing got done while he was gone. The rest was BS from the city like this. I can't even begin to tell you the shenanigans we've had to go through with the city...waiting a week or two for an inspector to come only to have the inspector ding us for something that wasn't mentioned the previous time, etc. Oh and I forgot to mention the work was only for our master bath/closet and the guest bath (we only have 2 bathrooms total) and we've been living in the unit this whole time so work on both concurrently wasn't an option. Some luck we have, eh?

  • 7 years ago

    FR Drywall does not belong in a shower regardless of what is going over it. Period. Stop. Someone needs to find out what the hell this inspector is talking about and why.

  • PRO
    7 years ago

    Around here, usually HOA must approve everything you plan on doing before any work starts. The Township will not issue a permit without HOA letter of approval stating that your proposal meets all HOA requirements.

    As the fire wall goes, I don't know what the plan detail calls for or what is the requirement is in LA or your local jurisdiction. I would talk to someone who knows the code or local requirements, someone like an architect who can provide a letter that what you did is within code and meets local requirement.

    Check the detail on the drawings and consult with who did them. Even if something was approved but it was missed during plan review and it was noted by inspector in the field you will still have to comply with the code and requirement...

    This things happen from time to time... The plan will get approval, contractor don't know the code or requirement and does according to the plan and inspector will fail the job.

    You have 2 options:

    1. If you think you're right and your contractor did this the right way and you want to fight inspectors decision...Like I said before, get a stamped letter from the architect stating what you did is OK, meets the code and requirements, provide the letter to the township and inspector should reverse his decision... but if he is stubborn while still being wrong and sticks to his guns (can happen but unusual nowadays) you might have to go to the head of the building department with it or higher up which could take a long time.

    2. If an Architect tells you inspector is right...Fix it and move on, or if you pressed for time and it can be easily corrected, fix it and move on.


    Good luck

  • 7 years ago

    I just finished a gut remodel in Los Angeles of my condo which is a high rise. The Code requirements for a high rise condo are even more rigorous than for a building with fewer stories. And yes, the inspectors can be incredibly picky - there could be a thread detailing for war stories. I had to frantically source sconces for bathrooms and bedroom which took ONLY LED lights because that was a new Code requirement and the stores didn't actually have any for sale.


    In terms of specifics, my condo is steel and concrete construction and the frames are steel which is required by Code. To my knowledge, I didn't need anything other than normal cement board. I have a picture when the first layer of Redguard was applied and it reads Hardiebacker Wet Area Cement Board. My shower was inspected at least three times while it was being constructed by a very picky guy - evidently he is the "head" inspector in my area of Los Angeles. My GC said he actually likes it when the inspectors are very knowledgeable and picky because he then learns stuff for future construction projects.


    I have never heard of fire proof dry wall being needed. for construction in my building. I recently had to replace some drywall because of a flood from a neighbor and the specifications for insurance just stated "drywall" with the area and the price for materials and installation.


    In terms of appealing, I only had to deal with one "appeal" because the inspector wanted my hand held shower to include some kind of valve that prevented the water in the hose from going into the water system. It is intended for outdoor hoses but most importantly my shower head actually HAD some kind of system that prevented the water in the hose from going into the water system but my GC had to go down to City Hall with documentation and file an appeal which delayed my being able to get final approval on the project.

  • 7 years ago

    OP hasn't returned but if the event anyone else in Los Angeles is dealing with the issue I am posting this follow up.


    I had a meeting with my designer and GC on other matters and I asked them about Code requirements in Los Angeles regarding fireproof drywall and cement board.


    There is some differentiation between a high rise condo which I live in and a low rise condo but Code does require fireproof dry wall and cement board for all condos. These are required for any walls shared with another unit or any areas that are next to the common area. For the purpose of Code, an exterior wall is considered a common area wall as would be a wall that is next to a hallway.


    Compliance with this would be part of the inspection process in Los Angeles.


    I really wasn't involved in decisions regarding this kind of construction materials or other elements necessary for Code except how the impacted my design or finishes. For example I had to find hideous sconces that met Code Title 24 requirements which now require that any fixed electrical fixture (i.e. sconce or chandelier) must ONLY be capable of using LED bulbs.


    I think it underscores how important it is to have a GC and designer who are really knowledgable about how stuff must be constructed to meet Code. I guess it also illustrates why it might be important to have a GC and/or designer who work with condos since Code (at least in Los Angeles) has different requirements for condos versus single family residences. My condo is treated for many purposes as a commercial structure so I have to comply with some requirements for that. My doors required levers instead of knobs and my front door had to be capable of opening by just turning the inside door knob for fire safety purposes. My front door also has to swing shut automatically - again for fire safety purposes.

  • 7 years ago
    last modified: 7 years ago

    ajhulett

    I don't know about LA County codes.

    In general, the way that things are supposed to work, is that you submit detailed plans in writing and they get approved (or don't). You then do the work according to the approved plan. (Same with the HOA).

    If you are following the approved plan, the field inspector should not be finding fault. You are relying on the approval process. It's not possible or reasonable to work any other way.

    If you aren't-following the plan, or workmanship isn't there, then that's something else.

    You want to avoid a contentious relationship with your inspector - but, if he's in disagreement with the plan approvers then they need to get their act together. You should show him the approved plans and say you want to talk to his supervisor if you think he's off base.

    Generally, with fire proofing, there is a "burn through time" requirement - not a specific material requirement. For example, a one hour, or a 90 minute burn through.

    Certain materials have known ratings: For example, fire rated 5/8" drywall has a minimum 1 hour rating. Concrete block also has a known rating - the size, thickness, type and such will determine that fire rating. Obviously, an inspector and contractors will often "short-cut" the design requirements to say "5/8 fire rated drywall" when in fact, it's 1 hour burn through that they are looking for - that can be achieved with other materials.

  • 7 years ago

    @Jake - My response was very specific to Los Angeles Code as that Code pertains to condos.


    I was not involved with the inspection process but both my designer and GC as well as the plumber and electrician (who were present when their work was inspected) have good relationships with the inspectors as most of them work with them on various projects.


    None of my work failed to pass inspection but there was some gray areas in which the designer and GC had to submit further documentation showing that the materials or construction method was in compliance. This was on minor stuff and not anything as major as whether materials used met standards of being rated for appropriate fire resistance.


    As I posted when I raised this issue, they were able to tell me what the specific requirements were for the materials. I would imagine that a GC who is not familiar with Code requirements for condos (which is different than single family) might not know what was necessary. I don't think one is going to get far by claiming that the permits were obtained and therefore everything was approved even if not up to Code.


    However, a good argument could be made that the costs of bringing the project up to Code so it could pass inspection should be borne by the GC who should have known what Code requirements were or whoever drew up the plan. I certainly wouldn't have the knowledge to draw up specifications and plans and go through the permit and inspection process - that is what I am paying the GC and designer to do.

  • 7 years ago

    @Helen I agree that the GC should know the codes. And I agree that an argument could be made that if the proposed materials didn't meet code, the GC should be on the hook.


    But I stand by what I said: In general, you get your plans approved and you should be able to rely on that approval. That's the way it's supposed to work. The way it doesn't work is when you submit plans, get them approved, do the work according to approved plan -- and then have the field inspector tell you that you have to rip everything out and put drywall in the shower area.


    So are you really telling me that LA codes require drywall - and that concrete block wall with an equal or better fire rating can't be used?


    If the plans that were submitted met code, and were approved, then the field inspector is overstepping. If the plans that were submitted didn't meet code - but were approved anyway, that's equally messed up.



  • 7 years ago
    last modified: 7 years ago

    I am stating that that Los Angeles Code as specific to condos and as differentiated between high rise and lower rise condos requires fire resistant dry wall or fire resistant cement board as stated.

    I don’t know what the specifics would be if plans got submitted that didn’t specify this because I have no idea what level of specificity is required. However I doubt whether something that is a safety measure is going to be allowed to be installed merely because a clerk in the permits office failed to verify something. My permit didn’t specify the type of sconces specifically but they had to be installed to pass inspection.

    i was responding to the OP’s post which related to requirements for condos in Los Angeles.

    Code in Los Angelves and Code in a condo are very different than most other jurisdictions which is why a lot of contractors won’t work in a condo. My kitchen sink had to be UL certified.


    ETA - If you read the OP, the issue was that non-fire resistant material had been placed on the exterior wall of the shower. If the material that was placed could be "proven" to be fire resistant per the Code requirements, I would imagine it could pass inspection. As I posted, I had a few minor construction issues in which my GC had to prove to the inspector that the materials and construction were in compliance with Code even though they deviated slightly.