Nye County Code compliance Officer Dick Johnson testified in a few different cases before the Pahrump Regional Planning Commission Wednesday.

Donald Dial was denied a waiver from requirements requiring him to provide a minimum 10 foot separation between buildings under the fire code.

Dial was under examination for constructing a building on the corner of Gamebird Road and Vicki Ann Road without the necessary permits from the building and safety department.

Initial plans called for building a garage back in 2002, that is now being used as a commercial building, Johnson said.

Nye County code also requires a licensed contractor to construct commercial buildings, Johnson said.

John O'Brien, with the Pahrump Valley Fire and Rescue Service, said a number of code violations were noted during an inspection July 7. One was a requirement requiring a minimum separation of 10 feet between buildings, O'Brien said, Dial asked for a waiver allowing a three-foot, nine-inch separation.

The building was leased out to Our Lady of the Valley Catholic Church, he said.

"After I hired the contractor, without my knowledge, the building was up, the contractors took my money and ran," Dial told the RPC. "I'm sorry that the contractor messed up. I'm trying to rectify this."

Nye County Chief Deputy District Attorney Ron Kent said Dial has recourse with the state contractor's board. His situation isn't dire enough to qualify as a hardship allowing the board to grant a waiver. Kent noted it's been five years since the building was constructed.

The state Division of Child and Family Services will be left to consider the case of Doug Stout and Denise Feil, 3280 Cactus St., who want to expand their home child care facility from four to 12 children, the maximum allowable for an in-house child care facility.

Planners were concerned the Stouts have an attached garage, where he has a hobby working on old cars.

Johnson said he became involved for the safety of the children. He said they were being housed in a building constructed at the rear of the property, without building permits, fire inspections, and without any proof of using licensed contractors.

Stout said, "Before the first shovel hit the ground we went to the planning department to find out how to do this from the very beginning."

Nye County Planning Director Jack Lohman said he had "extreme concern" about children being located next to a garage with flammable liquids.

"It's up to the inspectors of the state of Nevada to determine if a day care center is up to the standards they deserve," RPC Chairman Mark Kimball said. He told the applicants, "I don't want to put you into a Catch-22 where you cannot get an inspection unless you get a conditional use permit."

A few parents heartily endorsed the child care facility.