Conflict Between Building Inspection and Hired structural Engineer

[peach]

The building official would be the next logical step, rather than pulling out the 2x4

 

[globe trekker]

taylor87,

If you decide to go see the Building Official, you might want to take a witness or legal counsel with you,

just as a showing of support and the seriousness of the matter.

.

 

[Alias]

taylor87,If you decide to go see the Building Official, you might want to take a witness or legal counsel with you,

just as a showing of support and the seriousness of the matter.

I agree with globe trekker, take a someone with you. I've done this before. No harm, no foul, and possibly better cooperation and straight answers.

Sue

 

[Jobsaver]

Establishing the matter in writing in a documented fashion is a good idea. Establishing the matter in the presence of one or more witnesses is sound advice.

 

[Msradell]

I wonder if maybe the problem is that the original plan collected and controlled where the groundwater went whereas the revised plan just pushes it away from the building. If runoff is already a problem in the area this could be part of the BI's concern and probably rightfully so.

 

[Mark K]

We can speculate as to the building official's reasons. That is not the issue. The issue is that the building official appears to have not stated his reason. Once the reason is known then the Owner can decide how to respond.

 

[mcb]

I think everyone is forgetting the Construction Board of Appeal or is that only a requirement in Michigan?

 

[Penguin87]

Where I work, the building inspector wouldn't be the one to approve or deny changes to the grading/drainage. As an inspector, I would send the applicant to our plan check engineer. Once the plan is approved I would expect the applicant to follow the plan.

I ask for engineered fixes on a regular basis and I don't send many of them back through plan check but keeping water away from any structure is serious business. If you want to change it up, expect to see our engineer. Give me an approved plan and I am almost required to accept it.

In addition to what you have said, most jurisdictions legally require the inspector to approve any construction be built per the approved drawings. So, if the drawings no longer show a sump, but french drains or whatever to carry water someplace else, then that is what you are legally allowed to build.

 

[Penguin87]

Please delete - did not realize this is a very old thread

 

[Yankee Chronicler]

Greetings,

New here. I have a project I have been working on for the last 2.5 years. We are near completion and my structural engineer has a few recommended changes that will meet code and also allow us to finish the project earlier. Building Inspection doesn't like the changes, but continually refuses to cite any code that these changes would not meet. It appears either he does not have the time to do the research or is just a stick in the mud and personally prefers the other option. Both options do the same thing, the better option moves water away from the foundation whereas the first option (which BI likes) deliberately draws water to the crawlspace, a sump and pump underneath the property. along with drain tile on both sides of the footings.

Irregardless of the various options, I have a stamped drawing from a degreed structural engineer with decades of experience. Who wins this epic battle between and inspector(not PE but certified inspector) and the PE.

:banghd:banghd:banghd:beatdhrs:beatdhrs:beatdhrs

Pre-covid, in this state building officials and fire marshals received an annual all-day training class presented by the chief prosecutor for building code issues from the State's Attorney's office. Her statement every year was "If you don't have a citation, you don't have a violation." In other words, it is not the building inspectors job to tell anyone how he thinks something should be done, his (or her) job is ONLY to verify that it meets code. If he claims something does not meet code, he has to tell you what section of the code so you can look at the applicable code and make corrections (if he is right). No citation = no violation. It's no different than a traffic cop. A cop can't pull you over and just hand you a ticket for "bad driving." He/she has to list the specific offense and the specific section of the motor vehicle code you violated.

What state is this? There's an appeal process in the IBC, unless you state removed in when they adopted the code. In the 2021 IBC, the appeal process is in Section 113:

[A] 113.1 General. In order to hear and decide appeals of
orders, decisions or determinations made by the building official
relative to the application and interpretation of this code,
there shall be and is hereby created a board of appeals. The
board of appeals shall be appointed by the applicable governing
authority and shall hold office at its pleasure. The board
shall adopt rules of procedure for conducting its business and
shall render all decisions and findings in writing to the appellant
with a duplicate copy to the building official.

[A] 113.2 Limitations on authority. An application for
appeal shall be based on a claim that the true intent of this code
or the rules legally adopted thereunder have been incorrectly
interpreted, the provisions of this code do not fully apply or an
equivalent or better form of construction is proposed. The
board shall not have authority to waive requirements of this
code or interpret the administration of this code.

If the building inspector can't or won't provide a code citation and continues to reject your engineer's design -- file an appeal.

{Edit} Looks like Wisconsin removed all that. You may have to hire a lawyer and go to court.