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Engineering Creep

It's been a while since I was in private practice, but I don't think that most A/E's professional liability insurance covers means & methods. It's up to the GC to figure out the details of temporarily supporting the wall. He might have to hire a specialty engineer who has insurance coverage to do this design.
 
It's been a while since I was in private practice, but I don't think that most A/E's professional liability insurance covers means & methods. It's up to the GC to figure out the details of temporarily supporting the wall. He might have to hire a specialty engineer who has insurance coverage to do this design.
It would have to be a pretty big building before an engineer is required. I’ve seen houses and parts of houses being temporarily supported with just what a bunch of workmen came up with. Done it myself.

Now that’s not to say that anyone reading this should think it’s okay for them to do too.
 
[A] 107.2.1 Information on construction documents.
Construction documents shall be dimensioned and drawn
on suitable material. Electronic media documents are
permitted to be submitted where approved by the building
official. Construction documents shall be of sufficient
clarity to indicate the location, nature and extent of the
work proposed and show in detail that it will conform to
the provisions of this code
and relevant laws, ordinances,
rules and regulations, as determined by the building
official.
You may find that language in the IBC but when the courts are involved you will find that there are limits on the building official.

We need to realize that the IBC is written by building officials who believe that the building official is GOD.
 
We need to realize that the IBC is written by building officials who believe that the building official is GOD.
Says the high and mighty, all-powerful, never wrong engineer who knows better than anyone.

You may find that language in the IBC but when the courts are involved you will find that there are limits on the building official.
Building Officials are limited by the State Statutes that they live in. Many of those states did adopt or amend the IBC with little to no language change. You've always looked down your snoot at building departments, plans examiners, and officials because you can't stand the fact that someone that is not as high and mighty as you as an engineer has the authority to require more documentation than you "think" is necessary. Here is the reality. It is not up to you and if you want your permit, you must bow down to the lowly BCO and give them what they want. You can always file an appeal to the BCO decision but you'll never do that.
 
Says the high and mighty, all-powerful, never wrong engineer who knows better than anyone.


Building Officials are limited by the State Statutes that they live in. Many of those states did adopt or amend the IBC with little to no language change. You've always looked down your snoot at building departments, plans examiners, and officials because you can't stand the fact that someone that is not as high and mighty as you as an engineer has the authority to require more documentation than you "think" is necessary. Here is the reality. It is not up to you and if you want your permit, you must bow down to the lowly BCO and give them what they want. You can always file an appeal to the BCO decision but you'll never do T
The personal attacks keep on coming.

I recognize the role of the building department. All I ask is that they play by the rules. This applies equally when the plan checker is an engineer and when the plan checker is not licensed. I have never suggested that I should get a permit based only on my seal and signature. I have always responded to all of the plan check comments and have provided supplemental calculations when they would help resolve the issue.

The reason that more decisions are not appealed is because the appeal process would delay the project. As a result, the decision is made to accommodate the plan checker. This lack of appeals should not be interpreted to mean that the plan checker was right.

I had one project where I politely asked the plan checker, who was a licensed structural engineer, for the codes section that supports his comment and the response was "there is no code section but you either make the change or you do not get a permit". Why could he not educate the engineer? The suggestion that I bow down to the BCO is equally disturbing. In my experience it is not the engineer that is claiming special status but rather we have some building officials and plan checkers who believe that they cannot be questioned.
 
The personal attacks keep on coming.

I recognize the role of the building department. All I ask is that they play by the rules. This applies equally when the plan checker is an engineer and when the plan checker is not licensed. I have never suggested that I should get a permit based only on my seal and signature. I have always responded to all of the plan check comments and have provided supplemental calculations when they would help resolve the issue.

The reason that more decisions are not appealed is because the appeal process would delay the project. As a result, the decision is made to accommodate the plan checker. This lack of appeals should not be interpreted to mean that the plan checker was right.

I had one project where I politely asked the plan checker, who was a licensed structural engineer, for the codes section that supports his comment and the response was "there is no code section but you either make the change or you do not get a permit". Why could he not educate the engineer? The suggestion that I bow down to the BCO is equally disturbing. In my experience it is not the engineer that is claiming special status but rather we have some building officials and plan checkers who believe that they cannot be questioned.
The title of this thread is making better sense the more you weigh in.
 
The title of this thread is making better sense the more you weigh in.
There is a saying I have not heard for a while, that I would like to hear come back.

I DON'T AGREE WITH WHAT YOU SAID, BUT I WILL DEFEND YOUR RIGHT TO SAY IT

Ice, I can see where Mark's approach and attitude may have contributed to the reaction of the Structural Engineer / Plan Reviewer and your posted remark as well.
Those reactions actually supported his point.

I am not trying to win Friends or an Election, but I think we need to be and stay above, giving into our emotions. I am not suggesting I have found myself straying from my Goal. It is usually my Wife of 49 years who reminds me to behave.

I know you posted that to be funny, not nasty. I suffer from the same habit, so I recognize it for what it is.
And at the end of the day, this situation warns us all, To Be On Guard for these kind of traps

I hope you receive this post in the spirit it was written
I
 
I know you posted that to be funny, not nasty
I saw the irony.

Those reactions actually supported his point.
His point is that all of government is subservient to the lofty engineers….there is no support for his point. His veiled disdain is found everywhere in what he writes….especially with the statement that he will not utilize the appeal process because of the delay that causes. And then he demeans the government employee by saying that they then think that they are correct. The truth is that he finds us not worthy of his focused attention that an appeal requires.

All in all it is kinda creepy….hence the irony of the title.
 
I saw the irony.

His point is that all of government is subservient to the lofty engineers….there is no support for his point. His veiled disdain is found everywhere in what he writes….especially with the statement that he will not utilize the appeal process because of the delay that causes. And then he demeans the government employee by saying that they then think that they are correct. The truth is that he finds us not worthy of his focused attention that an appeal requires.

All in all it is kinda creepy….hence the irony of the title.
It is interesting to hear my position misrepresented.
 
I saw the irony.


His point is that all of government is subservient to the lofty engineers….there is no support for his point. His veiled disdain is found everywhere in what he writes….especially with the statement that he will not utilize the appeal process because of the delay that causes. And then he demeans the government employee by saying that they then think that they are correct. The truth is that he finds us not worthy of his focused attention that an appeal requires.

All in all it is kinda creepy….hence the irony of the title.
Ice, I agree with your psych profile and assessment. It just seems to me we are giving him what he wants. I made the mistake of trying to be reasonable. Didn't work. Part of me doesn't like to give in, or give up

Mark, For some strange reason, you like to be the guy with the sharp stick in our eye.

Personally, I can only wonder why you think this approach is effective and why you continue to pretend you are a victim

Someone once pointed out to me that the opposite of Love is Not Hate, it is Indifference. We could ignore him OR I think we should add Mark to our Prayer List

I haven't given up on you Mark!

Best, Mike AKA Dr Phil
 
Steveray brings up a good point. If your AHJ requires the stamp of a "design professional", do you make them show their work on beam calcs?

The term "tributary area" appears many times in the code. It presumes that readers, (licensed contractors, design professionals) are capable of calculating loads. I must admit, I have seen some that have trouble. Is it reasonable to expect a plans examiner to have the expertise to check the specification of a steel I-beam using an online calculator? Are steel I-beams simply outside the scope of the IRC? Are LVL's?
An answer to the I-beam, LVL, and any other such product: yes, they are not in the scope of "prescriptive" so an engineer would be required because it is now bouncing back to a building code design. Residential is specifically, prescriptive. My 2.5 cents worth
 
In California and I suspect other states the state agency that regulates professional engineers is separate from the agency that adopts the state building code. Each agency has only the authority delegated to them by the Legislature. The agency that regulates professional engineers does not have the authority to adopt the building code and that agency responsible for the building code does not have the authority to regulate engineers. They each need to keep in their lane or do we want the building code to define your property tax rate.
The issue with your hypothesis is that the agencies adopting the requirements regulating engineers and those adopting the codes are the same level from a legal standpoint. Here, the responsibility for regulating the practice of engineering is delegated as you mention. However, the adoption of the code is completed through amendments to provincial law. This places the requirements for engineers held by the code above those that were delegated. If there is a conflict between the code and the agency regulating engineers, the code would prevail. This is typical in most provinces in Canada.

I wonder how many states have a similar arrangement.
 
An answer to the I-beam, LVL, and any other such product: yes, they are not in the scope of "prescriptive" so an engineer would be required because it is now bouncing back to a building code design. Residential is specifically, prescriptive. My 2.5 cents worth
Thanks Ed. The part of the thread that keeps me reading it.

I guess I struggle with a builder not being able to use an LVL without an RDP specific to the project. And does that apply to TJIs? I'm sure a lot of each have been used in IRC buildings with nothing but the manufacturers literature, with few failures. Not that far from roof trusses.
 
The truth is that the IBC and IEBC are only issued after building officials have voted to approve them.

Not entirely.....If a code change is submitted and vetted by committee with no public comment it sails through on the "consent agenda"....And guess how many building officials have time and money to participate in the code making process......

I don't totally disagree with you, but really there needs to be a mutual respect on all sides of code compliance...I try very hard to ask for as little as possible to avoid mistakes in the field, but the majority of the designers that come through really need a lot of help....
 
The issue with your hypothesis is that the agencies adopting the requirements regulating engineers and those adopting the codes are the same level from a legal standpoint. Here, the responsibility for regulating the practice of engineering is delegated as you mention. However, the adoption of the code is completed through amendments to provincial law. This places the requirements for engineers held by the code above those that were delegated. If there is a conflict between the code and the agency regulating engineers, the code would prevail. This is typical in most provinces in Canada.

I wonder how many states have a similar arrangement.
There is a basic principle in American law that only the legislative bodies can adopt laws. This applies to all states.

We have adopted the concept of Administrative laws where the Legislature can delegate the adoption of regulations to a separate agency if the legislature has first established the basic policy decisions. The administrative agency is then allowed to fill in the details by the adoption of regulations such as building codes. Those adopting regulations are constrained by the authority the Legislature delegated to them. These regulations must be adopted by a formal process that assures due process. The need for due process precludes the building official from having the authority to unilaterally impose new requirements.

Statutes adopted by the Legislature govern over the regulations adopted by this administrative process. California is not a home rule state. In addition the courts have ruled that the state has preempted the field of building regulations and that local jurisdictions only have those authorities specifically granted to them by the Legislature.

There is no federal building code because that is one of the things reserved to the states. In California the state adopts the state building code and local jurisdictions can only adopt local modifications when they can satisfy limited local conditions.

There is no assumption that building codes govern over state licensing laws so when there are conflicts the primary question is what was the authority granted to each entity.

The Legislature in delegating authority to adopt building regulations did not delegate the same agency the authority to regulate the practice of engineering. Separately the Legislature delegated to a different agency the authority to regulate professional engineers. But the agency regulating engineers has not been given the authority to adopt building regulations. This means that the building code cannot be used to regulate the practice of engineering because the agency adopting the building code did not have the legal authority to do so. There is also a statute that says that local jurisdictions cannot regulate licensed engineers.

While there may be differences in other states I suggest that the entity adopting building codes is still separate from the entity regulating engineers.
 
There is a basic principle in American law that only the legislative bodies can adopt laws. This applies to all states.

We have adopted the concept of Administrative laws where the Legislature can delegate the adoption of regulations to a separate agency if the legislature has first established the basic policy decisions. The administrative agency is then allowed to fill in the details by the adoption of regulations such as building codes. Those adopting regulations are constrained by the authority the Legislature delegated to them. These regulations must be adopted by a formal process that assures due process. The need for due process precludes the building official from having the authority to unilaterally impose new requirements.

Statutes adopted by the Legislature govern over the regulations adopted by this administrative process. California is not a home rule state. In addition the courts have ruled that the state has preempted the field of building regulations and that local jurisdictions only have those authorities specifically granted to them by the Legislature.

There is no federal building code because that is one of the things reserved to the states. In California the state adopts the state building code and local jurisdictions can only adopt local modifications when they can satisfy limited local conditions.

There is no assumption that building codes govern over state licensing laws so when there are conflicts the primary question is what was the authority granted to each entity.

The Legislature in delegating authority to adopt building regulations did not delegate the same agency the authority to regulate the practice of engineering. Separately the Legislature delegated to a different agency the authority to regulate professional engineers. But the agency regulating engineers has not been given the authority to adopt building regulations. This means that the building code cannot be used to regulate the practice of engineering because the agency adopting the building code did not have the legal authority to do so. There is also a statute that says that local jurisdictions cannot regulate licensed engineers.

While there may be differences in other states I suggest that the entity adopting building codes is still separate from the entity regulating engineers.
Thank You for your excellent explanation

I think the problem you have is, accepting the idea that when the Code is Not Clear then the Code Official has the Responsibility and therefore the Authority to Discern the INTENT OF THE CODE.

Yes, you got it, We are Expected to Exercise JUDGEMENT

Yep! the same Standard you are held to
 
Not entirely.....If a code change is submitted and vetted by committee with no public comment it sails through on the "consent agenda"....And guess how many building officials have time and money to participate in the code making process......

I don't totally disagree with you, but really there needs to be a mutual respect on all sides of code compliance...I try very hard to ask for as little as possible to avoid mistakes in the field, but the majority of the designers that come through really need a lot of help....
If there are problems with the adoption of model codes the building officials can only blame themselves.

Respect is more likely when each party understands the process and plays by the rules. This applies equally to building department personnel. Focus on code compliance.

If the designer needs help that is not the job of the building department. Focus on whether the submission complies with the adopted regulations. If the designer is clueless he will not be able to show code compliance and thus will not get a permit.
 
Thank You for your excellent explanation

I think the problem you have is, accepting the idea that when the Code is Not Clear then the Code Official has the Responsibility and therefore the Authority to Discern the INTENT OF THE CODE.

Yes, you got it, We are Expected to Exercise JUDGEMENT

Yep! the same Standard you are held to
From a legal perspective we are only concerned about the intent if the written code provisions are not clear. While intent can be used to help interpret the code provisions it is not appropriate to enforce the intent. You enforce the written code provisions. Furthermore, when dealing with reference standards the commentary of the standard should be used to interpret what was the intent.

I have seen a lot of creative interpretations of the intent, a number of which are inconsistent with the specific language of the code. I have a real problem when the building official tries to enforce an intent when such interpretation is inconsistent with the written language of the code.

The standards for building officials and engineers are different.

The building official typically has immunity if he is fulfilling his legal role but can be liable if he exceeds his authority.

The designer has to satisfy the needs of his client and must comply with the code. If the engineer does not exercise the appropriate standard of care, he may be found negligent and thus personably liable.
 
I have seen a lot of creative interpretations of the intent, a number of which are inconsistent with the specific language of the code. I have a real problem when the building official tries to enforce an intent when such interpretation is inconsistent with the written language of the code.

We have a real problem with that as well.
 
From a legal perspective we are only concerned about the intent if the written code provisions are not clear. While intent can be used to help interpret the code provisions it is not appropriate to enforce the intent. You enforce the written code provisions. Furthermore, when dealing with reference standards the commentary of the standard should be used to interpret what was the intent.

I have seen a lot of creative interpretations of the intent, a number of which are inconsistent with the specific language of the code. I have a real problem when the building official tries to enforce an intent when such interpretation is inconsistent with the written language of the code.

The standards for building officials and engineers are different.

The building official typically has immunity if he is fulfilling his legal role but can be liable if he exceeds his authority.

The designer has to satisfy the needs of his client and must comply with the code. If the engineer does not exercise the appropriate standard of care, he may be found negligent and thus personably liable.
You said The standards for building officials and engineers are different.
I disagree, the standard is the same: PUBLIC SAFETY

You seem to believe engineers are the only people who can discern INTENT
Careful what you ask for, Especially with Ext'g Bldgs under the IEBC
I have determined what is technically feasible on a number of occasions, thus applying and not inflicting the Code.

Your approach would have me and those of us like me, who understand construction, not exercise our judgment.

Why do you continue to choose not to accept that simple truth?
You must have had trouble sharing in Kindergarten, Is that the problem?
 
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