how shenandoah co. va. mishandled a clear building code violation

the building code violation:

June 30, 2018

Mr. Griffey,

under section 401.3 of the virginia residential building code (https://codes.iccsafe.org/public/document/VRC2012/chapter-4-foundations) and paragraph 6 of section 19.2-8 of the code of virginia (https://law.lis.virginia.gov/vacode/title19.2/chapter1/section19.2-8/), I am submitting my formal complaint of violation of  the virginia building code. Specifically section 401.3 of the virginia residential building codestates "Surface drainage shall be diverted to a storm sewer conveyance or other approved point of collection that does not create a hazard to the dwelling unit. Lots shall be graded to drain surface water away from foundation walls. The grade shall fall a minimum of 6 inches (152 mm) within the first 10 feet (3048 mm)." The grading at our house, located at 148 daniel ct., strasburg, does not slope away from the foundation walls as required. This has resulted in several inches of standing water in our crawl space. 

Our certificate of use and occupancy is attached. Please note that our house meets the time requirements set forth in paragraph 6 of section 19.2-8.

Should you reject my formal complaint, then I request a meeting at county offices with you and other county personnel or outside consultants involved in the decision not to issue a notice of violation of the building code to the builder for this violation.

Sincerely,

Ray Koenig

notes: 

1. Mark Griffey is the building official for Shenandoah County VA .   https://shenandoahcountyva.us/building-inspection/
2. "Should you reject my formal complaint..."  this was inserted because griffey and county attorney jordan bowman with the private law firm of Litton and Sipe, Harrisonburg Va. rejected without a written response my neighbor's valid building code violation complaint.
3. the meeting that I requested never happened.

********************************************************

shenandoah county's response:

1st paragraph:

notes:

1. "...leakage..." wrong word. the correct word is flooding.
2. "...possible violation..." wrong word. the correct word is clear violation.
3. see note #2  following "complaint".

2nd paragraph:

notes:

1. "...discussed..." wrong word. Mr. Griffey "reached out" (his words) to alan toothman construction, inc., the builder who failed to comply with the building code and the approved grading and drainage plan. One "reaches out" to someone in need, e.g., a hungry or homeless person, a person in danger, a person needing help, a citizen with a valid building code violation complaint, etc.--not a builder who breaks the law by failing to comply with the building code.
2. the builder's plan to "fix" the building code violation wouldn't have "fixed" it at all. in fact, it would have made the problem worse. I provided a detailed written explanation of why toothman's "fix" makes the problem worse. the county failed to respond.
3. yes, griffey and bowman, I refuse to allow you and toothman to make our problem worse.
4. griffey and bowman don't want to hear facts. that's why they didn't grant my request for a meeting.

3rd paragraph:

notes:

1. see #2 above.
2. this is how shenandoah county va. treats one of its citizens victimized by a clear building code violation.
3. poor government inspection and enforcement is why there are many bad builders in the USA.
4. poor government inspection and enforcement is why quality of home construction in the USA has declined in the past 50 years while quality in all other sectors has increased more than 200%.

https://commons.wikimedia.org/wiki/File:Construction-non-farm-labor_1964-2003.jpg

By U.S. Department of Commerce, Bureau of Labor Statistics [Public domain], via Wikimedia Commons

it doesn't pass the "smell test".

stony pointe
strasburg
toothman

shenandoah county virginia's handling of an alan toothman construction, inc. building code violation doesn't pass the smell test

Jun 30, 2018

Mr. Griffey,

under section 401.3 of the virginia residential building code (https://codes.iccsafe.org/public/document/VRC2012/chapter-4-foundations) and paragraph 6 of section 19.2-8 of the code of virginia (https://law.lis.virginia.gov/vacode/title19.2/chapter1/section19.2-8/), I am submitting my formal complaint of violation of the virginia building code. Specifically section 401.3 of the virginia residential building codestates "Surface drainage shall be diverted to a storm sewer conveyance or other approved point of collection that does not create a hazard to the dwelling unit. Lots shall be graded to drain surface water away from foundation walls. The grade shall fall a minimum of 6 inches (152 mm) within the first 10 feet (3048 mm)." The grading at our house, located at 148 daniel ct., strasburg, does not slope away from the foundation walls as required. This has resulted in several inches of standing water in our crawl space.

Our certificate of use & occupancy is attached. Please note that our house meets the time requirements set forth in paragraph 6 of section 19.2-8.

Should you reject my formal complaint, then I request a meeting at county offices with you and other county personnel or outside consultants involved in the decision not to issue a notice of violation of the building code to the builder for this violation. *

Sincerely,
Ray Koenig 


* never happened

***************************************************

Jul 30, 2018

Comments on Lellock plan (builder alan toothman's engineer)

1. Contrary to what’s stated in “proposed improvement”, there are no physical barriers that prevent grading between 144 and 148 from conforming to the approved 2003 grading plan and R401.3.

2. The Lellock plan does not conform to the letter or the intent of R401.3 of the Virginia Residential Building Code (see note 4 in “project notes”). The purpose of R401.3 is to direct runoff a minimum of 10 ft. away from foundation walls. The Lellock plan does not do this.

3. The Lellock plan does not conform to the approved 2003 grading plan. The 2003 approved grading plan, with ground sloped away from foundation walls for a minimum of 10 ft., conforms to R401.3.

4. The Lellock plan directs runoff to a french drain that is located next to the landscaped area that is approximately half the distance from the foundation wall as R401.3 requires. As conceived, runoff in the french drain will saturate soil around and under it and foundation walls. This violates both the letter and the intent of R401.3.

5. Grading per R401.3 keeps runoff away from foundation walls by diverting it to a surface swale 10 ft. minimum from foundation walls. Runoff in a properly graded swale will intercept surface runoff and will not saturate soils near foundation walls as the Lellock plan will.

6. The Lellock plan does not adequately address runoff from 144’s roof and landscaped area in front of 144. The surface swale shown in the approved 2003 grading plan will intercept runoff from 144’s roof and landscaping bed at the surface, 10 ft. away from 148’s foundation walls. A properly graded swale will keep the runoff 10 ft. away from foundation walls. This will conform to the letter and the intent of R401.3.

7. The contributing drainage area in the Lellock plan doesn’t include 148’s roof.

8. Considering the many instances in this development where buried flexible plastic pipes--with more fall than the 6” buried flexible plastic pipe in the Lellock plan will have--have dips and low spots, it’s inconceivable that the 6” buried flexible plastic pipe in the Lellock plan will have a uniform 1% (1/8” per ft.) grade. With a surface swale, it’s easy to see if it’s properly graded.

9. What’s to prevent critters with nesting material from entering the outlet end of the 6” pipe and creating obstructions? With 90o connections, how will these obstructions be cleared without great difficulty? Obviously, this is not a problem with a surface swale.

10. Will the trench be exposed? We didn't buy a house with a gravel trench running down the side. In fact, if we had seen a gravel trench running down the side yard, then we would have been alerted to the drainage problems here, and we probably wouldn’t have bought the house. Who, given the choice between a gravel trench or grass, would choose a gravel trench?

11. The Lellock plan does not address the front and back of the house. Grading in neither the front nor the rear of the house conforms to the approved 2003 grading and drainage plan and R401.3. Further, judging from the amount of standing water in the front and rear of the crawl space, much of the runoff is coming in through the foundation walls in the front and the rear of the house.

12. I disagree that the Lellock plan has the same drainage pattern as the approved 2003 grading and drainage plan. Obviously, concentrated drainage from a 6” pipe is not the same as drainage spread out in a 20 ft. wide swale. Depending where the outlet end of the 6” pipe is located (the Lellock plan is not specific), drainage intended for the stormwater management pond in the 2003 approved grading and drainage plan may not end up reaching the stormwater management pond with the Lellock plan.

13. The house on 144 and the house on 148 are not parallel. The space between the houses widens from front to rear.

These partial comments address the overall unsuitability of the Lellock plan (comment #4 of “project notes” in the Lellock plan). The Lellock plan does not conform to the approved 2003 grading plans or R401.3 of the Virginia Residential Building Code.

Lot 148 should be regraded to conform to the 2003 approved grading plan and R401.3.

If the Lellock plan is withdrawn, as it should be, and Lot 148 is regraded to conform with the approved 2003 grading plan and R401.3, as it should be, then further comments that I have on the Lellock plan (e.g. soils data, soil borings’ locations, etc.) don’t need to be addressed.


note: the county didn't respond to these comments.

****************************************************

Aug 2, 2018

Dr. Helsley,

My name is Ray Koenig. Last November my wife, Jenny, and I purchased a new home located at 148 Daniel Ct., Strasburg. In April of this year we discovered standing water in our crawl space. On June 30 I emailed my formal complaint of a building code violation to Mark Griffey, Shenandoah County building code official, citing section R401.3 of the virginia residential building code (https://codes.iccsafe.org/public/document/VRC2012/chapter-4-foundations). Mr. Griffey told me that he was going to cite the builder, Alan Toothman Construction, Inc with a building code violation. He didn't, opting instead to "reach out" (his words) to the builder. The builder's engineer submitted a plan that does not comply with section R401.3 or the 2003 approved grading and drainage plan for the development (Stony Pointe). I submitted my written objections to Toothman's engineer's plan to Mr. Griffey on July 30. I am a retired (before retirement, licensed) civil engineer and land surveyor, born, raised, and educated in Virginia, and spent most of my 40+ year career working for private engineering consulting firms in Virginia.

We will appreciate any advice or assistance that you can provide in helping us to resolve this matter. I will be pleased to provide any information that you request on this matter and/or to meet with you at a time and place of your convenience. Thank you.

Sincerely,

Ray & Jenny Koenig


*********************************************

Aug 4, 2018

Mr. Koenig,

I am receipt of your e-mail on August 2. I have contacted County Administration and you should receive a letter from the County Attorney next week concerning your problem with drainage.

Conrad A. Helsley, Chairman
District 6 Supervisor 


note: "so goes the head, so goes the snake."
citizens of shenandoah county, decapitate the snake in the next local election.

*********************************************

*********************************************

from Exterior Sources of Foundation Leaks & Basement Water Entry 

At grade, the main object is to get water away from the foundation as quickly as possible. Finish grade should slope away from the building for at least 10 to 15 feet, and should not contain low spots that will make water ponds.

Swales: if one or more sides of the building face an upwards sloping hill, slope the finish grade away from the building for at least 10-15 feet, and then shape the finish grade at that point into a swale that itself continues to carry water around to the downhill side of the building.

A swale, illustrated by Carson Dunlop Associates' sketch at left, is a nice word for a "gentle ditch" - it does not have to be deep.

Foundation ditches: Do not do what we have found at some flooding basements: an in-slope grade problem that was trapping surface and roof runoff against the house was "fixed" by digging a ditch right against the foundation wall in an attempt to carry water away. The ditch digger simply had built a water trap to guarantee that water would be sent against the foundation wall.

*****************************************

• the building code gets it--section 401.3. https://codes.iccsafe.org/public/document/VRC2012/chapter-4-foundations 
• the 2003 approved grading plan gets it. 
  

• the builder, alan toothman construction, doesn't get it.
• the builder's engineer doesn't get it.
• the shenandoah county building official doesn't get it.
• the shenandoah county attorney doesn't get it.
• the district 6 representative and chairman of the shenandoah county board of supervisors doesn't get it.
• the shenandoah county administrator doesn't get it.
• the assistant shenandoah county administrator doesn't get it.

what's so hard to get?--it's not rocket science.


other questions:

• does toothman, griffey, bowman, helsley, lellock, smith, price, or vass have several inches of standing water in their basements or crawl spaces because the builder of their house didn't follow the approved grading plan or the state building code?
• does toothman, griffey, bowman, helsley, lellock, smith, price, or vass have a 75 ft. long exposed gravel trench in their yards? that wasn't there when they bought their house? that was being shoved down their throats by their county government?
• how would griffey, bowman, helsley, lellock, smith, price, vass, or any other citizen of shenandoah county, virginia, or any other local government feel if they received the same treatment from their local government that we got?

but, the real question is: why does shenandoah county "reach out" to law-breaking builder alan toothman construction inc. who violated the building code, i.e., broke the law, instead of supporting its own law-abiding citizens?

it doesn't "pass the smell test".

virginia
shenandoah county
helsley
strasburg
stony pointe
toothman

foundation drainage for dummies

to: builder alan toothman construction, inc., woodstock, VA

toothman's engineer

town of strasburg, VA 

shenandoah county, VA

jordan bowman, county attorney

mark griffey, county building official

shenandoah county building inspectors 

conrad helsley, county board of supervisors 

re: foundation drainage for dummies

the material following this paragraph and chart is taken from: Exterior Sources of Foundation Leaks & Basement Water Entry --it's common knowledge for competent builders, competent engineers, competent subcontractors, competent building officials, competent building inspectors and competent homeowners. lack of competency and integrity in the building business and in government inspection and code enforcement have caused expensive problems for homeowners for the past 50 years--as this USDOC chart shows. 

https://commons.wikimedia.org/wiki/File:Construction-non-farm-labor_1964-2003.jpg

By U.S. Department of Commerce, Bureau of Labor Statistics [Public domain], via Wikimedia Commons

*********************************************************************

Common outdoor causes of wet basements or crawl areas. This article describes the common sources of foundation leaks and wet basement and how to find and fix them.

Sources of water outside and around buildings such as roof spillage, surface runoff, groundwater, mishandling of roof gutters and downspouts, and improper exterior foundation drains or footing drains. 

Eliminate Exterior Sources of Water that Cause Building Leaks, Water Entry, Flooding

Our sketch of swale drainage construction is provided courtesy of Carson Dunlop Associates.

Before launching a costly repair or retrofit to dry out a wet basement or crawl space it makes sense to check these common sources of basement or crawl space leaks and water entry.

Roof Gutters, Downspouts, & Leaders: the most common source of foundation leaks and wet basements

Roof gutters and downspouts - check to see that roof runoff is effectively disposed of away from the building, and that it is actually working.

• See GUTTERS & DOWNSPOUTS for a guide to types of roof gutter systems.
• See GUTTER DEFECTS LIST and DOWNSPOUT / LEADER DEFECTS for examples of common mistakes in handling roof runoff.

Most of the wet basements that we (DJF) have investigated were suffering from mishandling of roof drainage. Between gutter defects that spill large volumes of water close to the foundation and improper site grading, we estimate that 80 percent or more of basement water entry problems can be explained. 

Do not tie the downspouts into the footing drains - you will simply overload the footing drain system and risk future basement water entry. We want to see gutters extended to release roof drainage no less than 10 feet from the home, more is better, and even more important, from the point at which water leaves the downspout end, it should continue to flow away from the building, not back towards it. 

Add a splashblock to route surface runoff around a chimney whose side formed a water trap against the foundation wall.

Improper Site Grading, In-Slope Grade May Send Roof Spillage or Surface Runoff into Building Basements or Crawl Areas

Site grading and control of surface runoff - seeGRADING, DRAINAGE & SITE WORK for details.

Keep water away from the foundation.

As we detailed at BASEMENT WATER ENTRY PREVENTION, this means proper site drainage that assures that surface runoff and roof spillage are conducted away from the building.

Our photo (above left) shows a home with an in-slope grade facing the house wall. It would have been relatively easy to install a swale draining hillside water and roof spillage around the left side of the home in this picture.

Instead the owners suffered decades of wet basements until the wet conditions made the home sills so attractive to termites.

Guide to Finish Grading Details to Prevent Foundation Leaks & Water Entry

At grade, the main object is to get water away from the foundation as quickly as possible. Finish grade should slope away from the building for at least 10 to 15 feet, and should not contain low spots that will make water ponds.

Swales: if one or more sides of the building face an upwards sloping hill, slope the finish grade away from the building for at least 10-15 feet, and then shape the finish grade at that point into a swale that itself continues to carry water around to the downhill side of the building.

A swale, illustrated by Carson Dunlop Associates' sketch at left, is a nice word for a "gentle ditch" - it does not have to be deep.

Details about proper surface grading to control runoff are found at 

SURFACE CONTOURING for DRAINAGE 

Foundation ditches: Do not do what we have found at some flooding basements: an in-slope grade problem that was trapping surface and roof runoff against the house was "fixed" by digging a ditch right against the foundation wall in an attempt to carry water away. The ditch digger simply had built a water trap to guarantee that water would be sent against the foundation wall.

https://inspectapedia.com/Wet_Basements/Wet_Basement_Water_Sources.php#MasterIndex

***********************************************************************

It's all pretty simple.

the Virginia Residential Building Code gets it--section R401.3--slope the ground away from foundation walls at -5% minimum (6 inches minimum in 10 feet minimum). https://codes.iccsafe.org/public/document/VRC2012/chapter-4-foundations

the engineer who prepared the approved 2003 grading drainage got it.

How come builder Alan Toothman Construction, Inc. doesn't get it? toothman's engineer? Shenandoah County Virginia Building Inspection and Code Enforcement building official and inspector? Shenandoah County attorney? 

virginia
shenandoah county
strasburg
stony pointe
toothman

Local Government Liability in Virginia for Negligent Inspection of Buildings, Structures and Equipment

Local Government Liability in Virginia for Negligent Inspection of Buildings, Structures and Equipment 



lawyers,

how about a class action lawsuit against alan toothman construction, inc., shenandoah county and warren county, virginia? 

you could make million$.







virginia 
Shenandoah County
Warren County
building code enforcement
mark griffey
building official
building code violation
stony pointe
strasburg 
alan toothman construction, inc.

alan "plasticman" toothman's folly, shenandoah county, va.

stony pointe
strasburg, va
an alan "plasticman" toothman development

• drainage & grading by Rube Goldberg
• alan "plasticman" toothman attaches flexible plastic pipe to downspouts, installs it oblivious to grade (up & down like a rollercoaster), and buries the outlet end against the back of the sidewalk. what?!?
  

BRILLIANT!!!
there are actually two pipes here

the one on the right is completely buried
what?!?

• this causes a washout onto my neighbor's driveway 
  

alan "plasticman" toothman says "not my fault". 
what?!?

BRILLIANT!!!

• toothman ignores his approved grading plan. instead of the swale shown on the approved grading plan...

...there's a hill
what?!?

BRILLIANT!!!

•  Shenandoah County building inspectors fail to notice the building code violation that calls for sloping the ground away from foundation walls down 5% for 10 ft.* what?!? how does one not see a hill where there's supposed to be a swale?   

* section R401.3 of virginia residential building code CHAPTER 4 FOUNDATIONS | 2012 Virginia Residential Code | ICC publicACCESS 

BRILLIANT!!!

• ours and our neighbor's crawl spaces are flooded because of toothman's hill. the shenandoah county building official "reaches out" to alan "plasticman" toothman for a solution. what?!? alan "plasticman" toothman recommends flexible plastic pipe (what else would one expect?!?)--instead of the 10 ft. wide and 6" deep graded downslope called for in the building code. the shenandoah county building official approves it! 

what?!?
BRILLIANT!!! 

• my recommendation to the shenandoah county building official is for him to require alan "plasticman" toothman to slope the ground away from the foundation walls, down 5%, for a minimum of 10 ft.--exactly as the building code requires. the shenandoah county building official rejects my recommendation. 

what?!?
BRILLIANT!!!

• DON'T expect shenandoah county building inspectors to find building code violations during construction.
• DON'T expect shenandoah county's building official to enforce the building code when violations are found.
• DON'T buy an alan "plasticman" toothman house!

footnote: the shenandoah county building official lied to us. he said that he was going to send a notice of violation to the builder--then, he didn't. instead, he "reached out" (his words) to the builder. the builder came up with a "fix"--flexible plastic pipe and a french drain--in lieu of sloping the ground away from the foundation walls at -5% for a minimum of 10 ft. needless to say, a french drain and flexible plastic pipe aren't the same as the sloped ground that the building code specifies. nevertheless, the shenandoah county building official approved it. 

virginia
shenandoah county
strasburg
stony pointe
toothman

the rest of the story

I discovered standing water in our crawl space first; but, it was our (widow) "roofmate" who contacted county building code enforcement first. she was coming up on the end of her 1 yr. guarantee and hired a private home inspector. he found water in her crawl space and she contacted BCE. they came and inspected her crawl space first, then ours. the county BCE official told us both that there were code violations and the builder would have to fix them. then two days later he told us that the county attorney (a private attorney living and working in the next county contracted by shenandoah county to represent shenandoah county) had decided that "they" were not going to issue a notice of violation to the builder.

I was ready "to throw in the towel". Jenny & I have been married for 51.5 years. after the disastrous 3rd house that we owned in SC, I said that we would never own another house again. for the next 5 years we rented. we moved 6 times in 5 years. finally, last november, when our landlord refused to fix a hole in the driveway caused by lightning, I gave up. I can't live in an unsafe house. at 71 we got a 30-yr. VA loan and we bought our 4th house.

Jenny and I are in our "4th quarter". we just want to live out our last quarter in peace. when BCE told us that they were dropping the code violation, I gave up. "you can't fight city hall." then, 24 hours later, I got back into the fray--not because of water in the crawl space, but because we were getting jerked around--time to play hardball (I don't like being jerked around). had "they" decided not to issue the building code violation, then I was prepared to go to the newspaper--just like I did in SC.

I don't know how long that we'll be here--if we're lucky and our health holds out, etc., maybe 10 years--maybe not. sometimes we have to remind ourselves that we're in the 4th quarter and that our "treasure" isn't in a house.

stony pointe
strasburg
alan toothman construction, inc., woodstock, va

shenandoah county, va building code enforcement
shenandoah county, va county attorney

shenandoah county, virginia: building code violation

Mark A. Griffey
Building Official

shenandoah county, virginia
Building Inspection & Code Enforcement - Building Inspection

Mr. Griffey,

under section 401.3 of the virginia residential building code (https://codes.iccsafe.org/public/document/VRC2012/chapter-4-foundations) and paragraph 6 of section 19.2-8 of the code of virginia (https://law.lis.virginia.gov/vacode/title19.2/chapter1/section19.2-8/), I am submitting my formal complaint of violation of  the virginia building code. Specifically, section 401.3 of the virginia residential building code states "Surface drainage shall be diverted to a storm sewer conveyance or other approved point of collection that does not create a hazard to the dwelling unit. Lots shall be graded to drain surface water away from foundation walls. The grade shall fall a minimum of 6 inches (152 mm) within the first 10 feet (3048 mm)." The grading at our house, located at 148 daniel ct., strasburg, does not slope away from the foundation walls as required. This has resulted in several inches of standing water in our crawl space. 

Our certificate of use & occupancy is attached. Please note that our house meets the time requirements set forth in paragraph 6 of section 19.2-8.

Should you reject my formal complaint, then I request a meeting at county offices with you and other county personnel or outside consultants involved in the decision not to issue a notice of violation of the building code to the builder for this violation.

Sincerely,

Ray Koenig

approved grading plan (2003)

the ground slopes 15% towards Koenig’s house. 

Section 401.3 of the Virginia Residential Building Code 

calls for the ground to slope away from foundation walls 

at 5% for 10 feet (the 2”x4” on the ground is 10 feet long). 

Failure to meet this building code requirement has resulted 

in several inches of standing water in Koenig’s crawl space. 

apparently, the builder can't read--plans or the builkding code.

virginia 
shenandoah county, va building code enforcement

shenandoah county, va county attorney
strasburg
stony pointe
alan toothman construction, inc., woodstock, va

you wonder why you have problems with that relatively new house you bought? one picture is worth more than a thousand words

https://commons.wikimedia.org/wiki/File:Construction-non-farm-labor_1964-2003.jpg 

customer talk: the sad state of home construction in the US

old superhero

"the best crawlspace of all is filled with concrete and called a slab—or dug out and called a basement"

New Light in Crawlspaces | Building Science Corporation 

unless the unreinforced slab is built on uncontrolled (not an "engineered " soil, e.g. contains organic material), uncompacted, fill--and is cracked--and the cracks in the slab cause the ceramic tiles in your entryway, kitchen, bathrooms, laundry room, etc. to crack. 

as for crawlspaces, where are all the "tiny people with good workmanship? ... They all have gone on to fame and fortune in reality TV cable shows." 

face it, folks. the quality of new houses in the US from top (roof) to bottom (foundation) in the last 50 years has gotten worse while the quality of goods and services in other US industries has more than doubled.

too much rain, too much roof, not enuf gutter

facts: 

1. the gutter is flat, or very near flat. 

2. flow in the gutter is open channel. 

3. Manning's formula for open channel flow is: . 

4. if the slope (S) is 0, then the velocity (V) is 0 and the flow in the gutter (Q=V*A) is 0. 

5. if the slope is 0.0014, then the square root of the slope is 0.037. the velocity and flow in the gutter are very small--near zero. 

6. if the gutter is full, and the slope is 0, or near 0, then all or most of the water coming off the roof overflows the gutter.

  

7. there are two outlet pipes from downspouts--mine and my neighbor's.
8. the pipe on the right is buried. look closely--only a small part of the top can be seen.

9. question: where will the water go? answer: nowhere--this is a fact. 

close-up of the buried pipe

10. if the open end of the pipe from the downspout is buried, with nowhere for the water to go, then water backs up in the plastic pipe from the downspout.

11. when the plastic pipe from the downspout is full, then water backs up in the downspout.

12. when the downspout and the gutter are full, then water coming off the roof flows over the gutter and washes out the ground beneath it.

close-up of the washout

13. this is a new house, purchased less than one half year ago.

14. the house has a one year warranty.

15. the builder says that the gutter is not level. fact: the gutter is level or very near level. (in other words, "don't believe your lying eyes.")

16. the builder says that the plastic pipe is not buried. fact: the plastic pipe is buried. (in other words, "don't believe your lying eyes".) 
17. fact: the buried pipe looks the same today as the day that we bought the house.

18. the builder says "it's not our problem."
19. fact: the builder created the problem by installing the gutter level, or near level.
20. fact: the builder may have created the problem by installing a gutter that is too small for the roof area and rainfall intensity.
21. fact: burying the outlet end of the plastic pipe created the problem.
22. fact: we did not bury the outlet end of the plastic pipe. it was buried the day that we bought the house.
23. fact: the builder created the problem.

builder: Alan Toothman Construction Inc., Woodstock, VA

also,

• grading and drainage look like they were done by Rube Goldberg
• most of the crawl space is flooded 
• floors creak
• HVAC is poor
• inside trim is sloppy

virginia
shenandoah county
strasburg
stony pointe
toothman