Generally, unless the architect's letter cites a public safety issue in the documents themselves, I cannot see good cause not to issue the permit.barlovian said:An architect writes to the City that he is rescinding his seal on a set of drawings. What do you do? Put the permit on hold? Or, go ahead and issue it?
So far as I am aware of the architect registration laws of the various states, and I am pretty damn aware of them, I've never seen any law or rule allowing an architect to "rescind" their seal from a set of plans.Mark K said:The issues of ownership of drawings or contractual obligations are not relevant to the building official.If the Architect has rescinded his seal or resigned as Architect of Record the drawings effectively have not been stamped and signed. Thus when the building code (IBC Section 107.1) requires that the drawings be prepared by a registered design professional and there is no state exemption, the submission for permit is in conflict with the code.
See also IBC Section 107.3.4 which allows the building official to require that there be a designated Design Professional in Responsible Charge. If it is your normal policy to impose this requirement then you would find the submission not to be in compliance.
Irregardless of the building code if the state licensing laws requires that the work be performed by a registered architect then the documents are not in compliance the building official can reject them.
As a building official, my next stop is the City Attorney's office. A building official has to enforce the architectural and engineering professional regulations for the state they are in (as far as my state goes we have to enforce when a seal is required, we are suppose to turn in unlicensed persons trying to pass them selves off as RDP, etc.). The questions about when a set of plans need a seal etc. are easy because you deal with it each and every day you are open for business. This is an unusual question and the answer is not going to found in the FAQ section of the state website or easy to pick out of the statutes. So use the guy that gets paid so much for legal advice. Make sure you are on the right side of this.barlovian said:An architect writes to the City that he is rescinding his seal on a set of drawings. What do you do? Put the permit on hold? Or, go ahead and issue it?