Wheaton settles lawsuit against homeowners with faulty fireplaces

A lawsuit filed by the city of Wheaton against homeowners with faulty fireplaces has been settled.

Residents of the Briarcliffe Knolls Manor Homes were first alerted that their fireplaces were in violation of a city ordinance in September 2011. Three months later, the city issued a notice condemning the fireplaces.

City officials say two fires that occurred in the Briarcliffe units, near Farnham Lane and President Street, were caused by the fireplaces, prompting a request for residents to fix or remove them.

"The fireplaces weren't installed according to the manufacturer's specifications," City Manager Don Rose said.

Residents were given an August 2013 deadline to submit a permit application to remedy the fireplace violations. Many owners did, but those who did not obtain necessary permits or who chose to ignore the city were sued in November 2013.

Since the lawsuit was filed, almost all the 143 fireplace units have been brought into compliance. The city's complaint against the owners and the homeowner's association was amended in April 2014 and at that time only 12 units were still noncompliant.

Joe Kreidl, the city's director of building and code enforcement, said it cost about $2,000 to $2,500, on average, for homeowners to remove the fireplaces and put drywall over the area. Homeowners who opted to replace the fireplaces paid an average of $4,500 or more.

"It was a slow-go initially," he said of persuading residents to comply. "The residents were quite upset because here it was 30 years later and they're being notified there's a deficiency."

In recent months, it became apparent the legal action was making the sale and purchase of the units difficult, prompting the association to ask to be dismissed from the lawsuit. The city agreed, under the condition that the association will "diligently pursue" the five owners who still have not brought their fireplaces into compliance.

The association is required to provide a written update to the city on its progress every 60 days. The city has the right to reinstate the lawsuit if all the fireplace units are not in full compliance by next July.