Description of Work: This builder has been disciplined by TN Board for Licensing Contractors. Complaint number 201100034. 'F' ratings are largely due to safety issues, the builder's work is a hazard. Please review this report if you, or anyone you know, has had Custom Smart Homes as their builder. Photos of some of the problems are included below. Builder was to oversee the construction of a new modular home, including most of the onsite construction, including construction of the 2nd floor. The text in this report is taken from a formal report I recently submitted the Tennessee Board for Licensing Contractors (with signed attestation). The builder's licences are under Lizzio Development Group, LLC (in text below) but they are doing business by the name Custom Smart Homes. ******BASIS FOR YOUR COMPLAINT as submitted to the Tennessee Board for Licensing Contractors******* This complaint notifies authorities (Board for Licensing Contractors) of a need for the protection of other past, present and future clients of the Lizzio Development Group, LLC. Because of statements made by the builder (Bill Lizzio, Jr.) and builder’s carpenters, it is likely that some of these violations have been going on for years. These statements are discussed in the list below. It is suspected that other peoples’ health and safety, as well as the structural integrity of their homes, is at risk. The homeowners refuse to allow the Lizzio Development Group, LLC to perform further work on their home. The homeowners consider the Lizzio Development Group, LLC to be ignorant of, and in some cases in blatant disregard of (see email in item 15 below), basic minimum construction standards; and that the builder’s workmanship is substandard relative to that provided by the modular home manufacturer, Nationwide. The homeowners will incur substantial expense to have the outstanding items below competently resolved. Whether compensation is received for this expense is not known, but it is certain the Lizzio Development Group, LLC will not perform the work. Most of the following items are available for inspection. To keep this complaint as objective as possible, the items listed below primarily relate to suspected building code violations and/or structural integrity issues. This list would be substantially longer if the items of poor quality workmanship were also included. The items in this list are the result of the Lizzio Development Group’s work and not Nationwide (the modular home manufacturer), nor the work of Superior Walls (the precast foundation manufacturer). The homeowners are satisfied with the work of Nationwide and Superior Walls. 1. *Basement window at stairs is supposed to be tempered glass with permanent etched label. Bottom of window is at landing. There is no etched label indicating such. The windows Nationwide provided, on the first floor at the bottom of stairs leading to second floor, have the permanent etched label. 2. *Six non-IC rated recessed light housings do not have 3” clear space between housing and insulation (all are covered and/or surrounded by insulation, all in direct contact with insulation). Two are currently visible but inaccessible for repair without cutting an access hole. 3. *Missing insulation in 5 to 10 percent of ceiling of 2nd floor, ceiling is part of thermal envelope. When viewing house from outside, the roof over the attic space either remains free of snow while remainder of roof is covered or is the first to melt following a moderate-to-heavy snowfall. 4. *Central stud wall with wood-column structural supports and the shear wall in basement do not have treated lumber at base on concrete floor. Tar paper lies between wood and concrete in most locations, but not all as the tar paper was pulled free in some locations during removal from main part of floor (tar paper was used as a floor protection during construction). Bill Lizzio Jr. and carpenter, Lawson, inspected this upon an initial complaint and one of the two responded that this was how they always constructed these walls. This was said despite the walls at the stairway having treated lumber at the base. Builder refused to fix this item. 5. *2nd floor bathroom vent is not vented to outside, it is vented to attic space. 6. *Front porch foundation posts rest on concrete but are in no way anchored or prevented from uplift in this high-wind area. Bill Lizzio Jr. said this is how they set the posts for their porches. 7. *Venting between insulation and roof deck is missing in some locations where inspection is possible and uncertain where inaccessible (sloped ceiling portion of cape cod 2nd floor). Over 500 linear feet of venting material (cardboard type) was found by homeowner in dumpster after drywall was in place. Approximately 350-400 linear feet of venting is required for this 27.5’x40’ house with 12:12 pitched roof, with sloped portion of thermal envelope being approximately 6’ from top to bottom. Bill Lizzio Jr. (builder) said, Nationwide (modular manufacturer) always sends a huge amount of excess venting material and that the venting is in place. In the cavities inspected by homeowner from the attic space above second floor, there are some where cardboard is felt and others where it is not. Most of the cardboard venting that was discarded by builder was retrieved by homeowner and has been saved - available for inspection. 8. *No airflow is possible from the venting (if/where present, see previous item) between insulation and roof deck, insulation is packed into rafter spaces up to horizontal beam at roof hinge point (modular construction) at which gaps between beam and insulation are not identifiable which would allow air to flow from soffit into attic - as observed from attic space above 2nd floor ceiling. This causes a low pressure condition to occur during higher winds, then when the wind velocity slows, air with precipitation (mostly snow, but has occurred with rain) is “pulled” in through ridge vent. Snow builds in a mostly-linear shallow pile under the ridge vent, then melts and pours through whole-house fan louver, drips down walls, and has caused damage to ceiling drywall. The cardboard venting material is not visible at any location. In all locations the insulation is in contact with the roof deck OSB and/or the horizontal beam. Similarly, observed in four attic spaces adjacent to second floor, the venting space between insulation and roof deck is many cavities blocked by insulation. However, at this lower end there are some cavities where the cardboard venting material does extend beyond end of insulation (less than 50 percent of the cavities have visible cardboard venting, one attic space has none visible). To prevent further water damage, repairs are underway at the homeowners’ expense. 9. *Stair rail from basement stairs landing to basement floor exceeds maximum gripping dimension. Rail is a standard 2x4 framing stud (1.5” x 3.5” in cross-section). Rail is for section of stairs with four risers. 10. *Basement stairs are framed on both sides, 16” o.c., unknown whether framing stud spacing is acceptable i.e., doesn’t meet 4” requirement for other railing guard spacing. Basement is unfinished. 11. *Landing on basement stairs is less than 36” x door width. 12. There is evidence suggesting the basement shear wall was not designed by an engineer. Bill Lizzio Jr. would not answer the question when asked who did the design and what fastener schedule the designer specified. Fasteners used for shear wall are clearly inadequate to prevent shear. Note: Bill Lizzio Jr. said they have never put a footing under a shear wall until this homeowner requested one. The builder asked the homeowner for shear wall footing dimensions. This suggests the possibility that other shear walls constructed by this builder are not properly designed. 13. *Range hood vent was routed to attic space. Homeowner asked about this and was told that this is how they often run vents and that the soffit would provide enough air flow without having to vent directly to outside (per Lizzio’s carpenter Dennis). After being questioned about this, the venting was rerouted through the roof at an angle markedly off plumb. The homeowner had not made the request that this be moved. 14. *No fireblocking provided at the top and sides of two double-walls for utilities (each side of stairs leading to second floor) – top being located at 2nd floor ceiling/attic, sides being open to attic space along walls of second floor, open to soffit ventilation. One of these walls allows for significant free passage of air from soffit between 1st and 2nd floor (cape cod style) to/from attic space above 2nd floor. Water pipes in this wall freeze during single-digit temperatures as there is no insulation - this wall is an interior wall. Above the other interior wall, the snow on roof melts first. 15. *Prior to the first attempt at constructing the basement stairs, Bill Lizzio Jr. by email offered to construct basement stairs in violation of code to remedy a plans oversight. This email is: From: Bill Lizzio, Jr. [
[email protected]] Sent: Thursday, March 18, 2010 7:55 AM To: [email removed] Cc: Dad Subject: Re: last minute questions Good morning [name removed], I have one other solution to consider that may work. If we change the tread depth to 9" that would reduce the number of steps required, which would allow us to have two steps off of the platform to left. This should clear the door. 9" tread depths are considered standard building code in Virginia. TN code calls for 10". I'm checking to see if the stairs will be inspected. If they're not and this is acceptable to you, we should consider this option. I attempted to contact the Carter Co building department for the last two days. I'll try again this morning to find out what inspections they perform. Bill Lizzio, Jr. Vice President CustomSmart Homes *CONTINUED IN NEXT BOX*