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Applaud the ICC on this one

I would agree. Every inspector, plans examiner, building official, etc... should be concerned about this. Knowing the absurd nature of our courts (notice that I did not say "justice" system) and judges that don't have the sense that the good Lord gives a turkey is what worries me.
 
Looks like we may know the outcome by the end of the year:

Among the issues that could be decided in a hearing Nov. 3 are four motions to dismiss the criminal indictments that a Pitkin County grand jury in 2010 handed down against the men...Brown’s two-week trial is scheduled to begin Nov. 28. Peltonen is to be tried over nine days beginning Dec. 12.
Aspen News Link

Both [Erik] Peltonen [former county building inspector] and Marlin Brown, owner of a Glenwood Springs plumbing and heating business, are charged with four counts of criminally negligent homicide, the latter for allegedly improperly installing a snowmelt boiler that leaked carbon monoxide into a home east of Aspen, and Peltonen for signing off on the infrastructure. Caroline Lofgren, 42, her husband, Parker, 39, and their two children, Owen, 10, and Sophie, 8, died in the home in 2008.
Peltonen was not aware that he could be criminally prosecuted for performing his public duties as a building inspector, an earlier defense motion says
[Defense attorney Abraham] Hutt received legal backing from attorneys representing the city of Aspen and Pitkin County, which are paying for Peltonen’s defense, and from the Colorado Municipal League and the International Code Council. The entities filed a friend-of-the-court brief in support of the motion to dismiss, writing that the prosecution could have broad public policy impacts.Prosecutors with the 9th Judicial District argued against dismissing the cases. They contend that the city and county’s adoption of a building code that apparently limits a public worker’s criminal and civil liability — along with a measure passed by the state Legislature called the Colorado Governmental Immunity Act — should not make Peltonen “completely immune from criminal prosecution.”
Misdemeanor charges against a third man, Pitkin County building inspector Brian Pawl, were dropped after prosecutors realized the statute of limitations on the misdemeanors had expired.The charges were a result of the fatalities of Caroline Lofgren, her husband, Parker, and their two children, Owen, 10, and Sophie, 8. The Lofgrens bought a weekend stay at the luxury home in Aspen at a church auction.

Friends joining them for the holiday weekend found the family of four dead from the deadly gas leak in the home.Chief Deputy District Attorney Arnold Mordkin said Monday that District Court Judge James Boyd ruled there is probable cause to proceed with a pretrial hearing beginning Nov. 28 against Marlin Brown, 57, and Erik Peltonen, 69, after a Pitkin County grand jury indicted Brown and Peltonen on four negligent-homicide charges.

The two entered pleas of not guilty.

"The pipes vented the carbon monoxide exhaust, instead of outside through the pipes, the pipes were broken, and it vented it inside the house," Mordkin told 7NEWS.
 
I hope it helps the inspector, if he is convicted, all of us may be looking for other forms of employment.
 
I agree with the doctrine that inspectors can't be charged with a crime for a legitimate mistake however, four people are dead. An article like this raises more questions that it answers. The vent didn't make it to the exterior and exhibited damage. What was the extent of the damage and when did that damage occur? Who caused the damage to the vent? Who fired up the snow melt boiler without looking at it? Had the system not been used prior to the event? Is the boiler defective as to safety devices similar to a furnace with a faulty vent sensor that shuts the appliance off? Were CO detectors required and missed?
 
The way I read it the structure holding the boiler failed causing the vent pipes to break and that allowed the bad air to not be exhausted.
 
gbhammer said:
The way I read it the structure holding the boiler failed causing the vent pipes to break and that allowed the bad air to not be exhausted.
If your presumption is based on this statement, "and Peltonen for signing off on the infrastructure.", I would disagree. That is just a poor choice of words from an uninformed reporter. Were this the result of a structural failure, there would be an architect, engineer and general contractor named in the lawsuit.
 
As we all know, an inspection is a snapshot in time, it's what we observe. So, unless it can be proven that this inspector intentionately ignored a code violation, let's all hope he is not convicted.
 
One of the many articles with respect to this case indicates, lack of C/O detector as per ordinance, disconnection of pipe from an elbow and the charges have been brought about by a grand jury. At this point without actually viewing the facts as written by the issuing party we can only speculate on what information made its way to public sources.

Sadly, I do not want to discredit the families siginifcant loss, this case as with many of its type may additionally have a significant impartiality due to the families wealth and possible influence in the community.

Beit a McMansion or a shack, I believe all aware of this case who act in an inspection facet will take heed in completion of our job duties to a greater extent.
 
I agree terrible loss. My search capabilities on my computer are giving me a hard time, have some hi-jack mole in it. SO, Pitkin County had a CO detector amandment prior to this tradgedy? I had not heard that. I know that as a result of this, and one other incident, Colorado enacted a statewide requirement for CO detectors about a year before the 2009 IRC was readily available. If so, that was a huge miss on the inspectors part, but? Not excusing him, but?
 
My understanding is that an inspector performing his official duties in good faith whould be immune from personal liability. I am not proposing that this be changed.

I do wonder if this lack of institutional or personal liability has a negative impact on the quality of code enforcement. With no consequences for poor practices there is little motivation to address existing problems with code enforcemetn. What mechanisms could be created that would foster improvement?

Keep in mind that draconian penalties are not effective in the long term because they result in defensive behavior which creates other problems.
 
Mark K said:
With no consequences for poor practices there is little motivation to address existing problems......
That's commonly referred to as Civil Service Rules.
 
http://www.postindependent.com/article/20110930/VALLEYNEWS/110929860/1083&ParentProfile=1074

Got this today from a coworker. According to the article, the 2003 IBC, IMC and IRC were adopted by the County prior to the install. Without going into the 2003 to check, I assume the article was correct that at least one CO alarm was required under that code? We based our 2007 0n the 2003 and I believe one was required... Not sure the criminal charge is appropriate, but this is one reason it is highly adviseable to carry personal insurance with an Errors and Ommisions rider.
 
JBI said:
Not sure the criminal charge is appropriate, but this is one reason it is highly adviseable to carry personal insurance with an Errors and Ommisions rider.
How many individuals can really afford this though. I have it myself and I pay a hefty price for it. I doubt jurisdictions would provide it for their staff.

JBI - btw, I like your signature. :D
 
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