Dutch Heritage Home built our custom house in 2009 and has violated our contract, warranty and has failed to construct the staircases and other items conform to the building code.
We saw the problems as soon as we move in. The inspector of the Building Department of Portage County, OH who signed the certificate of occupancy was unqualified and incompetent.
To solve the problem:
We ask to the Dutch Heritage Home to correct the stairs, he didn't do it
We ask to the Building Department of Portage County, OH to re-do an inspection for the staircases and see if it was conform to the code. They refused to do it.
We made a complaint to the BBB of Akron, OH and went to a binding arbitration at the BBB. They denied our request based on the testimony of a member of the building department of Portage County.
We made a complaint to the Department of Commerce in Columbus. [continued below]....
..... The Ohio Board of the Building Standards investigates and found that the staircases were in violation of the Residential Code of Ohio. The problem it took 6 months to investigate and we just receive their report last month.
Dutch Heritage Home was put on notice by our attorney as soon we receive the report but now take the position that because of the arbitration procedures, they are not legally obligated to do anything and, in fact, will not.
We sent the report and the Dutch Heritage Home attorney letter to the BBB of Akron and told them that the arbitrators took their decision on a wrong testimony. They didn't care and Dutch Heritage Home is still rated A+ as a good business even if they did not respect the building code.
We wrote to the Ohio Attorney General but he couldn't do anything because of the BBB of Akron.
We wrote to a judge at the Portage County Court. He didn't answer because we didnt have a lawsuit filed...
The Ohio Board of the Building Standards is a department of the Ohio State. The building codes and standards are the primary means by which building construction is regulated in the United States for the health and safety of the general public. The Building Code is a law.
We paid our house in full, paid a large amount of attorney fees and still have to deal everyday with these hazardous staircases, knowing that if some day someone get hurt we will be responsible, and if we decide to move out we will have to pay to redo the staircases if we want to sell the house.
Our advices: Never sign a contract with a BBB dispute resolution close. Be careful at the home inspection and do not deal with Perry Troyer (DHH owner) or Merle Troyer (DHH sales)