On Personal Belongings After a Catastrophe

                     

Musical homage and offerings to a dead musician. Santa Ana, CA, November 2024. Photo by Myriam Mahiques 

1.     Receptiveness

Psychology and sociology continuously refer to objects from a technological perspective which is not related to individuals or the collective discourse.

In his book The System of Objects, sociologist Jean Baudrillard adds the (social) imaginary as a a dimension linked to the object: “The object as humble and receptive supporting actor, as a sort of psychological slave or confidant- the object as directly experienced in traditional daily life and illustrated throughout the history of Western art down to our own day. This object was the reflection of a total order, bound up with a well-defined conception of décor and perspective, substance and bound up with a well-defined conception of décor and perspective, substance and form. According to this conception, the form is an absolute dividing-line between inside and outside. Form is a rigid container, and within it is substance. Beyond their practical function, therefore, objects – and specifically objects of furniture- have a primordial function as vessels, a function that belongs to the register of the imaginary. This explains their psychological receptiveness.” (Baudrillard, 2020). In this sense, personal belongings are not just “things”.

 Emotivity and Phenomenology 

Materiality is essentially physical. It shapes the objects, their fabrication technique, the traces left by time. Materiality is apprehended through our senses which differ according to the culture of communities. It is a concept that expands to the idea of “social” and foremost to the relationship between people and things.

Objects achieve a special strength with the feelings they are assigned to. It could be just a simple pencil which was part of an event; for social groups, it could be a procer’s relic. Offerings are left before statues and memorials, then objects are a bridge between the alive and the dead. 

The element of human perception, the understanding, the intangible part, would be the “atmosphere”. Philosopher Gernot Böhme defines “atmosphere” as a holistic, affective, and sensual quality of a space that mediates between the objective environment and the subjective experience of individuals:

“I have introduced the concept of atmosphere (…) to designate that which mediates the objective qualities of an environment with the bodily-sensual states of a person in this environment; the environment in its entirety generates an atmosphere in which I, as a human, feel in one way or another. (…) I sense in which environment I am located (…). The concept of atmosphere is, according to this etymology, a concept concerning the in-between (Zwischen): between objective conditions and subjective states, between object and subject.” (Böhme, 2014)

China and pottery remnants in Altadena after the wildfires. March 2025. Photo by Myriam Mahiques

In an approach to the sensory expression, the previous paragraphs are pertinent to the importance of our findings in Altadena. We have seen multiple objects of daily life with different degrees of deterioration. Pieces of folk-art stand out among cutlery, toys, décor. The Army Corps of Engineers’ contractors were working with heavy machinery, cleaning lots, and preparing the preliminary excavation for soils remediation. There was no possibility of selecting what would be of value for its repair, recycle or return to the owners. The intangible and emotional aspects were not included in the post-fire management protocol.

 

1.     Possible exhibition of objects

 

Objects have their own biographies. David Howes (2023) writes about the social force of objects: “It is not that this force needs to be “revivified,” though, just acknowledged: “When you see an object reconnect with its family, when they hold an old piece of beading or interact with a pipe, it is not the object which is being reanimated but the relationship which is being rekindled on both sides because of the materiality and sensory connection that happens between them.”

There is also an extrapolation of these objects’ meaning. For example, what was décor, and now is a ruin, could become a piece of exhibit in a museum. An example of this, would be the piece of melted glass from the San Francisco earthquake and fire (1906), donated by Grace Gratton Masterson to the Turtle Bay’s Collection in Redding. The piece is exhibited online and at the museum. In this context, the glass could be exposed due to its mineralogical conditions or because now it is part of the fire collective memory.

 

2.     Brief account from San Francisco history

 

Souvenirs hunters and homeowners looking for personal possession after the earthquake and fire in San Francisco, 1906. Photo from the National Archives.

 

Charles Morris (1906) reports the desperation of people trying to save their household effects during the San Francisco earthquake and fire:

“In the awful scramble for safety the half-crazed survivors disregarded everything but the thought of themselves and their property. In every excavation and hole throughout the north beach householders buried household effects, throwing them into ditches and covering the holes. Attempts were made to mark the graves of the property so that it could be recovered after the flames were appeased.” It is interesting that he has used the word “graves” as if the objects had a life once. Implicitly, Morris has assigned to the households a higher level of importance.

 

3.     Objects from Altadena

 

A shrine that must be in good condition in the aftermath of Altadena wildfire. March 2025. Photo by Myriam Mahiques

Local art among the ruins of Altadena, March 2025. Photo by Myriam Mahiques

 

 

The Installation “Recycled Words” at the Manitoba Museum was the work of KANVA, a group of young architects in Montreal. Curator Maureen Matthews proposed words on the chairs to provoke thoughts. 2015.

The installation shown above reminds us of the single chair “exposed” among the ruins of the wildfire in Altadena. This chair might have been on a porch.  We see it as a gloomy sculpture that carries a memory of the past life in this burnt house. 

A single chair on the new lawn after the rain. Altadena, March 2025. Photo by Myriam Mahiques. 

In Los Angeles wildfires of 2025, lots of individuals grappled with what they wanted to take with them; the difficult selection lasted just a few minutes. From Gillan Telling’s article “What They Grabbed in the L.A. Fires and Why: Tender Stories from Those Who Left Almost Everything Behind (January 12th, 2025), we cite Sloan Pechia’s story who, apart from a letter from her late grandmother, she carried a poem from a book: “I also took the poem “Imagine a Woman,” which was sent to me in a letter from my mom during my freshman year of college. Reading it and reminding myself that I’m strong is why I thought to take it during these incredibly trying times.”

Valuable personal items that Sloan Pechia took with her during the wildfire evacuation.  Photos by Sloan Pechia.

This is not that everyone has the chance to survive a catastrophe. Regarding this, we recommend reading the work of the Lucy Easthope, a British expert and adviser on emergency planning and disaster recovery.  A great part of the management post-catastrophe is the removal of personal effects that may be returned to a bereaved family. “The item may have little or no monetary value but may mean everything to a grieving family; or to a survivor struggling to make sense of terrible events.” (Easthope, 2019). As we have seen in the Los Angeles wildfires, without an “ethic of care” from all responders, the personal effects are indiscriminately removed to landfill or even incinerated.

 “(…) response plans should therefore aim to prioritize personal effects with a principal aim to identify, locate and restore personal property in a timely and accurate manner that allows survivors and bereaved to make as many of their own choices as possible.” (Easthope, 2019).

It is recommended that strategies for devolution and restoration be devised to enable survivors to exercise decision-making authority over their valued possessions, which hold intrinsic and emotional significance. 

BIBLIOGRAPHY

Baudrillard, Jean. The System of Objects. London, 2020. 

Bohme, Gernot. The theory of atmospheres and its applications. Translated by A. Chr. Engels-Schwarzpaul. In Interstices Journal of Architecture and Related Arts. Issue 15. 2014-03-18

Easthope, Lucy. The meaning of “things”. The evolution of an ethic of care in the return of personal effects after disaster 2001-2019. P. 122-128. In Bereavement Journal.org. 2019.

Howes, David. Sensorial Investigations. A history of the senses in anthropology, psychology, and law. The Pennsylvania State University Press. 2023.

Morris, Charles. The San Francisco Calamity by Earthquake and Fire. Told by Eye Witnesses. Secaucus, N.J.: Citadel Press, ca. 1906.

Telling, Gillian. “What They Grabbed in the L.A. Fires and Why: Tender Stories from Those Who Left Almost Everything Behind”. People.com. January 12^th, 2025.   

NOTE: this post is also published on AIA Los Angeles blog.

https://www.aialosangeles.org/news/news-and-blogs/

FIRE PREVENTION MODELIZATION AND USEFUL INTERACTIVE APPS

 

For citation, please see this publication on the American Institute of Architects 2025 blog as well.

Models are abstractions, idealizations of the “real” object.

A computerized simulation is generated by a software that intends to simulate an abstract model of a particular system. The computerized models were created in the II World War, with the purpose of simulating a nuclear detonation. After some years, the mathematical models proved to be very useful in the analysis of biological-natural, economical, social, technological, urban systems, among others. 

The models’ purpose is to find analytical solutions to real problems and predict the behavior of a system given a series of parameters and initial conditions. 

Computer fire modeling uses mathematical equations and computer algorithms for predictions of variable fire dynamics. It is essential to prevent fire damage and enhance the safety of people, buildings and environments.

The accuracy of fire modeling depends on the complexity of the model, the quality of input data and how sophisticated the software is. Here we summarize some of the most relevant.

An interesting experience is to work with Cellular Automata (CA). Originally designed by John Von Neumann and Stanislaw Ulam  in the 1940’s, CA is a grid of cells that evolve over time according to rules that regulate how the cells change over time, depending on the state of neighboring cells. 

The free CA software Vision of Chaos developed by the company Chaos Group,  has a basic application focused on fire spread that could be useful to predict the behaviour of wildfire in a forest. It is a simulation that architects could use as a tool during the design process.

In September 2024, Dr Michael Gollner (associate professor of mechanical engineering at the University of California at Berkeley) and his team at the school’s Fire Research Lab, released a new type of model published  in the Proceedings of the Combustion Institute.  The researchers created digital models of the historical Tubbs and Thomas fires in the USA to understand their progression. The model’s predictions achieved an accuracy exceeding 85% for fire perimeters and around 70% for the damaged houses. This model is the first to fully reflect how fire moves through structures. (The Guardian US) 

 

The current scientific advances with the utilization of cross data from weather and hazard forecasting has allowed the transition from forecasting fire weather to actual fire activity.

On April 1st 2025 researchers from the European Centre for Medium-Range Weather Forecasts (ECMWF) published a more complete modelization called Probability of Fire (PoF) in Nature Communications . The model uses satellite  data on fuel characteristics, ignitions, forecasts and observed fire activity to enhance its accuracy. It also adapts in real time to changing patterns of physical and human behaviors and has the potential to improve the prediction of wildfires. The most important aspect of this model is the incorporation of social interactions and human-influenced hazards, since humans are still modifying the environment.

An interactive map can be seen on pyrecast.org where we can select fuels, weather, risk and active fires. It allows all users, including homeowners and developers, to evaluate the fire hazard conditions of every lot in the USA. The following screenshots are from Los Angeles county and surroundings.

Fire prediction based on weather

Fire risk prediction based on statistics 

The map is supported with more information published on blogs and wildfires simulations on Pyregence.

Creek fire, 2020. From Pyregence.

The National Institute of Standards and Technology (NIST) which is part of UL Research Institutes, contributes with continuous research using large scale experiments in combination with softwares like Fire Dynamics Simulator (FDS) to explore fire behavior that is very difficult to understand during experiments. 

Setting aside sophisticated scientific models, we recommend the free App “Watch Duty” which contains real-time information relied on radio scanners, firefighters, reporters, government agencies and satellite data. Apart from the maps with different visualizations, the App provides evacuation zones, animal shelters, meal distribution locations, weather reports, notifications, emergency contact groups and preparation checklists.

We all know we have to coexist with fire. Both fire and egress modeling should be used by design and safety professionals to enhance protection, improve architectural design and emergency response strategies. 

Thoughts on "The Wall of Gazes" exhibited at the MOOLA

 

I had the real pleasure of visiting the current exhibition Arteonica at the Museum of Latin American Art in Long Beach, CA. There were the works of several artists, from Chile, Argentina, Mexico, Switzerland, Brazil. 

The work that impacted me the most was "Wall of Gazes" by Argentinians Mariano Sardón and (neuroscientist) Mariano Sigman. The videos, depicted as transforming portraits were mesmerizing. 

All portraits are superimposed images in videos, the algorithms keep on changing until the face is formed or partially formed. 

From Ars Electronica:

"The Wall of Gazes consists of one screen in which visitors can see how portrait images are revealed by the eye movements of many persons simultaneously. Gazes were captured by an eye tracker device. Around 100 participants were seated in front of a portrait image and the device recorded their gazes for 15 seconds. The screen is connected to a computer and a special software displays the eye tracks stored in a database. Portraits are ever-changing composition, according the gazes captured and displayed by the software." 

The eye tracking data was generated at the Muntref Centro de Arte y Ciencia. Universidad Nacional de Tres de Febrero. Buenos Aires.

It immediately came to my mind the relationship between architectural perception and neuroscience. I researched a little more about this project, and I was pleased to see that it was applied to migrants' memories, to movement, from one country to another as well.

From Mariano Sigman's page:

"Hiwa K tells that border officer ask immigrants questions about the map of his hometown. Most immigrants, like anyone who is asked random questions about the geography of their city, fail the test. This story is the inspiration of our project. We live in small, sparse fragments of our city. The road to school, the bus to our grandmother’s house, the square where time passed relentlessly. Each person has her own city. In this work we investigate this distant memory of an individual’s memory of the city in which they lived. We looked a map while we heard stories by people who moved from Mexico to the United States, from Syria to Austria, from Bolivia to Argentina. Then we reconstruct this, cutting the trajectory of the eyes on a paper map. Because of its own lightness, this map bends when it leans on wood and forms bridges that connect places that are distant in the city, but close in memory."

I think that it would be a step forward to "measure" the perceptions on the architecture that is affected by the dwellers' memories and traditions. In other words, to leave the 2 dimension of the map and see what happens when people is confronted with cultural information on the built environment. And which is the perception of people while observing this, depending on their nationalities and or their studies degree, their intellectuality. For example, I was walking in my neighborhood and saw the -following- homage for the Day of the Dead. The neighbors, I assume, must be Mexican or descendants, but living in the USA, and are expressing themselves with their hearts. Regretting the losses of their young relatives. 

These articulations, the fine details, the offerings, have a real impact on architecture, the altar is like becoming part of it. The facade is completely integrated to the force of culture. Definitely, the three dimension would be worth of farther analysis. 

Altar in my neighborhood, Long Beach, CA. From my personal archives, November 2024.

*All pictures by Myriam Mahiques, November 2024. Please do not share without permission.

Thoughts about "Hoarders"

Many years ago, one of my posts was about people with compulsive behavior keeping lots of staff inside and around their homes. I'm not a psychologist and I saw this from the point of view of a morphologist, just the occupation of the architectural space.

We had a client, back in 2012, owner of an important house, who used to fill up the rooms with vintage objects, up to the ceiling. She had some illegal constructions and upon comparison with the inspector's pictures, we discovered the owner was relocating stuff and even windows and doors. 

I was surprised, being this my first experience with hoarders. I offered her to buy a nice vintage jar, and she reluctantly sold it to me while warning me "be careful, that's the way you begin to pick up". 
She made the effort to have her legalization plans prepared soon, but she decided not to submit them. After a few meetings with the City inspector, the planner and the City attorney, and due to the inaction on her side, she was arrested and put in jail. Until her brother came back from Europe and got everything done: plans got approved, a contractor was hired to fix the house, which was deeply cleaned, and she was sent to hospital. I don't know what happened then, but I promised the brother to keep the original plans of the house.
Now, trashing old plans I had in a closet, I couldn't get rid of this house blue prints (they are genuinely blue), out of respect for my compromise.

Back in 2018, we had another experience, more serious this time, and the contractor taught me the word: "hoarder". He cleaned part of the house to allow us to take the overall dimensions.

All the time I was wondering how they could live in these conditions where all type of objects, clothes, toys, food etc etc was piled up everywhere.

The lady homeowner had psychological problems, but the husband, after many years of living under the circumstances, seemed to be submissive and in full acceptance of the unhealthy environment.

The son, had a separate clean room and bathroom for himself, like a bubble in a sea of trash.

In my experience, the family accepts the situation and everyone tries to create an independent personal space in the house. This is the best thing they could do.

There's currently a series on Netflix called "Hoarders" which captured my full attention. Not that I like the style of "Big Brother" show, I would have preferred a documentary instead of a sort of short performed novels about the disease.

What is stated is that 19M people in the USA suffer from hoarding disorders. And they are showing some extreme examples.

It seems to be a common factor, which is the lack of interest of the son/daughter in a long period of years. They go away from home, being incapable of dealing with their parent/s disorder and when they come back (they are brought back in the "show") they are repentant they have not seen or realized what was going on inside the house in question. Or with the person in question.

It feels weird to me that a son or daughter does not know how the parent is living this way for so long years, but not all families are the same.

Grievances and tears are abundant and worst of all -in my opinion- is the participation of a licensed psychologist who admonishes the hoarder, in the effort of making him/her realize of his/her bad doings, and what is more, she gives a public diagnostic of the psychological health of the hoarder. 

Which doctor would publicly state the patient's diagnostic openly to the world???? "It's a mental illness!" That is stunning, at least in my mind. And of course I am not criticizing her experience and wish to help, it's just I would have preferred more privacy for the addicted.

Of course, she appears to be a counselor and they are not her patients. And I'm assuming the family is being paid to show all the procedures for the extreme cleaning up in a very short period of time, let's say three days, before Code Enforcement shows up. And this is never enough.

An interesting "legality," is that the cleaners must not take the junk away unless the owner gives them permission. Which is very difficult because what is junk for some, is precious to others. If the hoarder does not allow the removal of objects/ trash, then it could be considered a robbery.

A case that has made me sad, so far, is Patricia's, a lady from Indiana, whose house is deeply full of trash accumulated along 30 years, infected by rats, dogs and human feces, the house is collapsing due to the extra vertical loads and all its component materials are biohazardous given the feces and rotten organics have been absorbed by walls, flooring, foundation. The house is unsafe and worth demolition, but at the end we learn Patricia comes back and her son in law (or so relative) is making some improvements in the house to leave it "somehow" habitable. Because that's the main point, is the hoarder able to live back in the house? Is he /she able to get his/her pets back?

Can he or she be treated or is it a sort of dementia? And it is clear that the whole close family needs therapy.

Coming back to Code Enforcement, they shouldn't let the hoarding reach such a critical point because setting aside the decrease of the property(ies) value, it's absolutely unsafe and contaminating. It seems to me they do not notify the family, but just the homeowner, who cannot understand what is wrong.
In the cases I personally know, not a single social worker was sent to the property. It was all related to the building, to the construction. I see it as a weak point.

NOTES: 
All pictures are screen shots from the "Hoarders" show on Netflix.
On episode 5, another doctor is presented: psychiatrist Melva Green, who has shown a lot of support and compassion. And she helps the hoarders (two of them) to get to the root of their problem which -apparently- is a consequence of their poverty in childhood. 

¿Qué es una legalización de obras (ilegales) no permitidas?

Un cerramiento precario en un segundo piso, en montaña. Archivos personales

Una legalización de obras o trabajos de construcción (ilegales) no permitidas, significa presentar planos de arquitectura, de energía (si se necesitan), y estructurales más los cálculos pertinentes, para traer todos los trabajos de acuerdo a los códigos vigentes. En otras palabras, lo que ha sido construído sin permiso ni inspecciones, se muestran como ¨nuevos¨. Dichas obras sin permiso deben ser entonces, reparadas, alteradas, reforzadas, modificadas, para estar bajo los códigos corrientes. El plan check (revisión de los planos en la Ciudad) y los permisos deben ser pagados e inspecciones son necesarias, incluso para lo que esté escondido, por ejemplo en los áticos o bajo tierra, o dentro de las paredes, etc.

¿Quién es responsable por esto? El propietario actual. Es común escuchar a los propietarios decir ¨Yo no lo hice, lo compré así¨. Él puede tener la oportunidad de llevar a Corte a la empresa de Bienes Raíces (Real State) pero, finalmente, luego de la inspección (survey) y la aceptación y firma de la escritura (Grant Deed), el comprador está aceptando las condiciones de la propiedad. Mi consejo, por favor chequee los records antes de comprar o rentar.

Cuídese de los contratistas no licenciados. Ellos pueden tentar a los propietarios e inquilinos para construír sin permiso, para evitar los tiempos del proceso de presentación de planos. Podríamos decir que dado el caso, son culpables. Pero no son responsables. 

¿Porqué menciono ¨no licenciado?¨. Pues porque si el contratista es licenciado, seguramente temerá que el propietario o inquilino lo denuncie al Board de Contratistas y así pueda suspenderle o revocarle la licencia por mala praxis.

Podría suceder que los registros (records) en el Assessor´s Office difieran de los records en la Ciudad. ¿Porqué es ello? El Assessor´s tiene siluetas y planos que determinan el monto de taxes que Ud paga por la propiedad, además pueden determinar por fotografías aéreas si el tamaño del edificio es mayor al declarado. Pero esta información no siempre coincide con los records de la Ciudad.

A los fines de la legalización, los records en la Ciudad son los válidos. Una vez que la legalización se termina, habrá un registro actualizado en la oficina del Assessor (taxes).

¿Es importante legalizar las estructuras sin permiso? Por supuesto. El propietario puede ser denunciado por un vecino o simplemente alguien que haya visto las irregularidades, las estructuras pueden llevar orden de demolición en consecuencia; los inquilinos pueden mandar al propietario a Corte, hay una situación de seguridad de la gente viviendo allí, y en caso de un incendio, la compañía de seguros puede no cubrir los daños. Entre otras consecuencias. Una propiedad con construcciones ilegales disminuye su valor en el mercado.

¿Se necesita sólo un plano? No. Es un paquete de planos más cálculos. Dependiendo de la complejidad y el tipo de trabajos, los básicos son arquitectura, energía (agua caliente, calefacción, aislación térmica), estructuras. Más planos y cálculos podrían ser agregados a la lista. En proyectos comerciales, planos y cálculos mecánicos, eléctricos y de plomería son necesarios, por ejemplo.

Una fisura vertical en un muro de contención (retaining wall), en ladera de montaña. De mis archivos personales

Un problema típico de una adición ilegal es la falta de fundación. Generalmente las paredes exteriores son construídas precariamente sobre un piso de concreto, sin barrera de vapor hacia el suelo, ni aislación térmica por dentro. A veces, los patio cover se cierran, y la altura no es suficiente, entonces otro techo debe ser construído arriba para resolver el problema de agregar la aislación térmica.

A veces la legalización no es total si no una parte. Veamos el ejemplo abajo. Aquí tenemos dos trabajos ilegales: los ceiling joists (maderas del cielorraso) han sido quitadas y hubo que agregar soporte extra; la aislación con espuma de Poliestireno no ha sido permitida, dado que el proveedor no tenía su número de reporte de calidad ICC en California, por lo tanto hubo que quitarla y reemplazarla.

La foto abajo muestra un cuarto construído entre la casa y el garage existente. El cuarto es muy bajo, la demolición ilegal, hubo que presentar viga, postes, paredes y fundaciones nuevas. El hogar (fireplace) no es compatible con el Green Code y se demolió.

Las legalizaciones no son exclusivas de las residencias. También los comercios tienen cantidad de alteraciones sin permiso que pueden ser muy peligrosas si están relacionadas con seguridad contra fuego. La foto debajo muestra una pileta de tres compartimientos con un drenaje incorrecto para las normas del departamento de Salud. El trabajo fue rechazado  y debió rehacerse.

Debajo, una cocina exterior standard, bajo un techo de madera y sin protección contra fuego. Además, está muy cerca de las líneas divisorias. Es un caso insalvable, a no ser que se provean estrictas protecciones contra fuego. Sin embargo, las distancias a los vecinos (set backs) pueden ser aceptados o no por Planning Department, según las normas de la Ciudad.

Los patio covers sin braces podrían ser ilegales. Los ¨braces¨ son las maderas diagonales que colaboran en las cargas laterales (terremotos). Digo ¨podrían ser¨ porque hay patio covers muy antiguos que se construían así. La ventana es nueva, y podría no ser adecuada para el cálculo de energía Título 24. De ser así, tiene que ser cambiada.

La foto abajo muestra dos construcciones muy cercas entre sí, los aleros no son contra fuego. Imaginen qué peligroso es si una casa se prende fuego. La legalización podría implicar reconstruír la estructura no permitida con el set back obligatorio.

Debajo, una pared dividiendo un garage entre dos unidades de vivienda, una adyacente, otra detrás. Si esa pared no tiene altura total de piso a techo ni protecciones contra fuego, un incendio puede propagarse rápidamente...

Debajo, vemos un cuarto en una casa de los últimos años. Esta construcción es ilegal y el espacio cerrado entre el garage y la vivienda no tiene suficiente iluminación y ventilación para un área habitable.

¿Qué hacer en caso que haya una visita de un inspector, o una noticia de la Ciudad, o ¨Code Enforcement¨?

Primero, hacer una cita con el inspector y ver qué es lo que se requiere. El inspector dejará una nota escrita con una fecha límite para presentar planos o demoler.

Segundo, si Ud no tiene intenciones de demoler, contrate a un profesional que proceda con la legalización. Pague una extensión para permitir más tiempo para preparar planos y cálculos.

Pregunte al profesional acerca de las posibilidades de salvar las estructuras sin permiso. Como puede ver en los ejemplos arriba, no siempre pueden ser rescatadas en su totalidad. Y a veces es más caro reparar, modificar, que construír de cero.

Tercer paso, mantenga contacto con el inspector a cargo y comuníquele los avances. Podría suceder que el inspector desconozca las actualizaciones en el sistema y el estado actual del proceso de plan check.

Si hay gente viviendo bajo estructuras ilegales, negocie un período de tiempo para que se vayan, porque es considerado ¨no seguro¨ para sus vidas. Hable con el inspector para ver posibles fechas.

Al final de la construcción, y teniendo todas inspecciones pasadas y aprobadas, pida un Certificate of Occupancy, comúnmente llamado ¨final de obra¨. 

NOTA: las fotos pertenecen a mis archivos personales. Las estructuras mostradas han sido parcialmente demolidas y reparadas. 

Este post tiene como objetivo ayudar a los propietarios e inquilinos que no conocen los problemas explicados. Si tiene alguna pregunta, aquí estamos para ayudar.

mbmahiques@gmail.com

What is a legalization of non-permitted (illegal) construction works?

Precarious enclosure in a second story, hill side. Personal archives.

A legalization of (illegal) non permitted structures or construction works means to submit architectural, energy plans and calculations (as needed) and structural plans and calculations to bring everything back to Code. In other words, what had been built without a permit and inspections is shown as "new". The non permitted constructions must be repaired, altered, reinforced, modified as needed to comply with the current Codes, permits must be paid and inspections are needed, even for whatever is hidden, inside attics, underground, etc.

Who is responsible for this? The current owner. It is common to hear from owners "I didn't make it, I bought it as is". The owner may have the chance to sue the Real State company, but finally, and after a survey and the acceptance of the Grant Deed, the person is at the same time accepting the conditions of the property. My advice, please check the records before buying or even leasing. 

Beware of non-licensed contractors. They could lure the owners-tenants to build without a permit, to avoid waiting for the permits process. They could be guilty of deceiving but they are not responsible.

Why do I mention a "non lincensed" contractor? Because if the contractor is licensed, he will be afraid the owner-tenant can call the Board of Contractors and have his licensed suspended or revoked.

It may happen that the records at the Assessor's Office differ from the records at the City. Why is this? The Assessor's have silhouettes and plans to determine the taxes you are paying for the property, and they may even find in aerial pictures if the building is bigger than declared. But whatever information is at the Assesor's office, does not need to match with the City records.

To the purposes of a legalization, the City records are the valid ones. Once the legalization is ready, there will be an updated record for the Assessor's office (taxes).

Is it important to legalize structures? Of course. The homeowner maybe be denounced, the structures may have notice of demolition, illegal tenants can sue the "landlord", there are issues involving the safety of people, in case of fire the insurance company may not cover the damages. Among other inconveniences. A house with illegal construction diminishes its value in the market.

Is it just one plan needed? No, this is a package of plans. Depending on the complexity and type of works, the basics are architectural, energy, structural. More plans and calculations could be added. In commercial works, mechanical, electrical and plumbing, as an example.

A structural fissure in an illegal retaining wall, hillside. Personal archives

One typical problem of an illegal room addition is the lack of foundation, exterior walls are usually built precariously on an existing slab, no vapor barrier is provided, no walls and ceiling thermal insulation. Sometimes if the patio cover is enclosed, the height is not enough and another roof must be built on top of the existing to solve the problem.

Sometimes the legalization is not for the building but part of it. Let's see in the example below, we have two illegal works: the ceiling joists have been removed and extra support must be added; this foam insulation is no permitted in California (the provider failed to show an ICC report number approved in CA) and it has to be removed and replaced. 

The picture below is showing the construction of a room between a house and an existing (permitted) garage. The room is very low, the demolition is illegal, a header and posts must be verified and provided. The fireplace is not compliant with the current Green Code. 

Legalizations are not exclusive of residential. Commercial constructions have lots of illegal alterations that may be dangerous if they are related to fire safety. The picture below is showing a non permitted three compartments sink drainage. The work was rejected by Health department and Building and Safety.

Below, the standard outdoor kitchen, without fire safety under the roof. Besides, it is too close to the property lines. This is a case that is not possible to be saved, unless strict fire protection is provided. The set backs could or could not be accepted by planning department.

Patio covers without braces could be illegal. Braces are the diagonal 4x woods that collaborate in the lateral loads (earthquakes). I say "could be" because very old patio cover constructions may appear like this. The window is new and may be not compliant with the Title 24 energy calculation. If so, it has to be changed.

The picture below shows two constructions very close to each other, there is no eaves fire protection. Needless to say how dangerous it is if one structure is set on fire. The legalization would imply to rebuild the non permitted structure with the required set back.

Below, a wall diving a garage from two dwelling units, one adjacent, the other below. It has no full height, it is not built as a fire barrier. Fire could spread so easily...

This is a modern house, from the last years. The construction between the garage and the house proves to be illegal, the space is enclosed and not enough illumination and ventilation for a habitable space is provided.

What to do in case of an inspector's visit, a notice from the City, a Code enforcement? 

First of all, make an appointment with the inspector. Find out what he/she is requesting. The inspector will leave a written note with a due date to submit plans or demolish. 

Secondly, if you do not have the intention of demolishing, then hire a professional to proceed with the legalization and pay for an extension, to allow time to prepare the plans and calculations.

Ask the professional about the possibilities of saving the structures. As you can see in some examples above, not always they can be totally saved. And sometimes this is more expensive to repair, remodel, fix than building brand new.

Third step, keep contact with the inspector in charge and communicate the updates of the process. It may happen the inspector is not aware of the current status of the plan check.

If there is people living under illegal structures, they must have a period of time to leave, because it is considered unsafe. Talk to the inspector for reasonable due dates.

At the end of the construction works and having the inspections approved in full, request the Certificate of Occupancy, commonly called "the final".

NOTE: the pictures belong to my personal archives. The structures have been (partially) demolished and repaired. 

This post is meant to help homeowners and tenants who are not aware of the issues explained above. If you have a question, we are here to help.

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