Humm, sounds like you are looking for a legal opine! Eric, I would first contact the local municipal inspection official (AHJ). You can call the city hall in your town and they can get you in contact with them. Ask them your question but leave out the words "illegal" or "legal". Just ask them if it is OK, or if they have a problem with that from a "codes" standpoint. You should be able to get an answer. If you are heading down the road of litigation, and it kind of sounds like it I would hire an inspector who specializes in litigation consulting and this type of work so they can put it in writing for you. Thanks Scott. I will call the local inspection office. Eric