Mathew Graham

The applicant appealed the Chief Building Official's denial of a building permit to replace a deck.

The permit was denied because the proposed deck would be located over an existing septic tank, failing to meet the minimum 1.5m clearance distance required by the Building Code.

The Building Code Commission found that the existing septic system had not been compromised by the deck and that the vertical clearance did not hinder maintenance access.

The Commission ruled that the proposed clearance distance provided sufficiency of compliance with the Building Code, on the condition that the area below the deck is not enclosed in the future.