BLACK MOUNTAIN, N.C. (828newsNOW) — Black Mountain Brewing, a local brewery, has taken to social media in recent weeks with a claim that the Black Mountain Town Building Inspector had unjustly shut down the top deck of the brewery. Yesterday, Black Mountain officials responded to BMB’s claims in a press release. Here’s what’s going on.
On Tuesday, Nov. 25, BMB posted an update to their Facebook page captioned “URGENT: Black Mountain Brewing Needs Your Help.”
In the post, the brewery wrote that they are facing “the biggest threat to our existence” after Town Building Inspector Rick Denise Burton shut down the top deck of the building over code violations on Labor Day weekend. According to BMB, the deck was “fully permitted, engineered, approved and safe,” and its removal cut the capacity of the brewery from 89 to 25 people.
Yesterday, Wednesday, Dec. 3, the town of Black Mountain responded to the post with a press release, claiming that although permits were filed by BMB for the deck in July 2018 and its add-ons – including a shed roof over the back deck, a second-story deck and gas piping – in late 2020, the permits lacked adequate documentation and inspection.
“Several of these permits lacked required elements such as Appendix B (building code summary) and site plans. While the second-story deck passed footer and final building inspections in April 2021, no CO was issued, and the occupancy load was not recalculated or reposted to account for the expanded area,” the town wrote in the release. “Other permits, including the shed roof and gas work, expired with no final inspections requested by the property owner. By early 2023, all of these permits had expired without fully documented completion.”
The press release addressed the Labor Day closure, reporting that the closure was ordered due to “unpermitted electrical and interior work on the upper floor” detected during a fire inspection.
“Over the next several weeks, the Town issued a violation notice requiring closure of the top floor and deck, followed by an Unsafe Building or Structure notice specific to the deck structure. The Unsafe Notice required continued closure, a detailed plan of correction and a sealed structural engineer’s report. The notice was formally posted on the building and hand-delivered to the registered agent,” the town wrote in the release.
According to the press release, town officials met with BMB representatives and their advisors in November to discuss 19 corrections, or “clear options,” required to reopen the deck.
However, BMB disputes this account, writing in the Nov. 25 post that “the Town refuses to give us clear written instructions on what they want in order to let us reopen. Their last suggestion? Enclose both levels and add sprinklers—turning a deck built for mountain views into a massive, costly construction project. Hundreds of thousands of dollars.”
Currently, the controversy stands on the grounds of fair treatment.
BMB said: “This is not sustainable – and it’s not fair. It’s not just about Black Mountain Brewing. Small businesses across town have shared stories of fear, pressure and retaliation for speaking up.”
Black Mountain officials said: “At every point, the Town’s actions have been grounded in the duty to enforce State building and fire codes and protect public safety, not to single out any individual or business.”
This story is developing.