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Citing code sections for every single violation

Citing code sections for every single violation

  • ALL THE TIME, because I am required in my jurisdiction

    Votes: 0 0.0%

  • ALL THE TIME, because I choose to

    Votes: 0 0.0%

  • SOMETIMES, only when asked

    Votes: 0 0.0%

  • SOMETIMES, when I feel like it (if challenged, etc)

    Votes: 0 0.0%

  • NEVER

    Votes: 0 0.0%
  • Total voters
    0
When I did plan review I found it expedited the process to cite the code section for each exception ( or the building code report, Miami-Dade approval, or Manufacturer's requirements for specific products used as alternative means and methods aka tapcons and simpsons).

In my opinion, if you didn't cite the code, you probably didn't read it and are going off memory or a guess. In any event, citing the code improves one's understanding of it.
 
Not sure how it works elsewhere, but an on-site inspection report or a plan review is not a court document. Certainly it can be introduced as evidence, but it is not an instrument to invite an individual to appear before the court.

An invitation to appear before the court is an appearance ticket, such ticket bearing the name of the defendant, the section of law allegedly violated and the date of violation. Filed with the court is a violation information, which will cite the code section, include the text of the code section and describe the alleged violation of the code section.

Failure to cite a code section on a plan review or on-site inspection report does not preclude you from writing a ticket later (which will include the information as noted above). The violation does not cease to exist because you did not quote a section.

YMMV depending on whether the Judge is having a good day or bad day, the quality of your penmanship, whether your state is conservative or liberal, how many times the defendant has been before the court, how much effort you put into resolving the situation out of court and on and on.. I'm just stating my experience.
 
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When doing a plan review I always cite the Code Section for non-compliance issues. The designer can clearly understand the issue and respond with either a correction or appeal it to the Board of Building Appeals.

When doing a field inspection I rarely cite a code section and will limit the notes to such "Additional anchor bolts required, 1 bolt required within 12" .... . However if it is a recurring problem with the Builder I might include the Code Section just to drive home the point. If they request the code section I am more than happy to provide it to them.

When issuing an adjudication order on an code issue I ALWAYS include the Code Section. The Adjudication Order is a legal document and you better be prepared to defend the order with facts to the Board of Appeals (or in Common Pleas Court if it goes that far).

If you are enforcing a local ordinance, you must include the code section if you are issuing a citation. Otherwise be prepared to have the matter thrown out and look like a fool.

It may be a pain in the you know what, but that's what you are being paid to do.

Just my 2 cents worth.
 
"Wondering who, in every case, always cites the specific code section for each and every violation that is written up as a result of an inspection. "

Violation at an inspection or on code enforcement actions is different than 'corrections on plan review.' One is real, the other is on paper. Our City Attorney would throw me down the stairs if I marched up to his office without specific citiations of 'what is wrong' 'why it's wrong' and 'how do I know it's wrong.' The Prosecutor's Office in a previous jurisdiction was adamant too: show me the code issues if you want me to do something about them. It's way too late to drag out the chapter and verse for the first time in front of a judge.

That being said, I don't quote chapter and verse for plan reviews, just chapter. :)
 
Plan reviews, yes.

Field inspections, only as necessary.

Order to Remedy/Notice of Violation (these are precursors to Appearance Tickets), yes.

Appearance Tickets, yes.

conarb - The requirements to cite chapter and verse will be in your local law authorizing enforcement of the Code.
 
Code section citation, plan review, sometimes, if I feel it will give more direction than a simple note, field inspection? No.

Am I ready, willing and able to do it upon request? Of course........

Although, when I'm feeling a little ornery, and I have a contractor that just doesn't get it, I might just list the code section as a correction.........knowing full well he doesn't have a code book of his own........ :p
 
Code section citation, plan review or field inspection? No.

Am I ready, willing and able to do it upon request? Of course........

Although, when I'm feeling a little ornery, and I have a contractor that just doesn't get it, I might just list the code section as a correction.........knowing full well he doesn't have a code book of his own........
 
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