Sub-Contractor Documentation

[Jobsaver]

If the municipality starts enforcing state laws, what about Federal laws, OSHA, Lead abatement, immigration, Obamacare? You just can't choose what laws you want to enforce and disregard the others.

Every law officer I have ever known chooses what laws to enforce and what laws to disregard at any given time.

There is evidence enough in many of these threads, and by the existence of this very forum, that the interpretation and enforcement of the law concerning life safety issues and building is difficult, not easy. Discretion is involved.

 

[Mark K]

Before a municipality can enforce a law or regulate certain behavior it first must determine that it has the legal authority to do so.

States let alone local jurisdictions do not have the authority to adopt regulations in areas reserved to the federal government nor are the able to enforce federal regulations and laws unless authorized by the federal government. Similarly in many states, such as California, local jurisdictions do not have the authority to regulate in areas reserved to the state nor to enforce state regulations unless authorized by the state. Colorado's home rule municipalities appear to have many of the same powers to regulate as the state government.

Each individual must understand the set of rules that apply to him. What may be legal in a Colorado home rule municipality may be illegal for a California city or county. It sounds like Arkansas has reserved adoption of building regulations to the state with the local jurisdiction being limited to interpreting and clarifying the meaning of the code.

In California local jurisdictions are limited in there ability to enforce state regulations. For example while local jurisdictions can reject certain permit applications not stamped and signed by a design professional, they cannot require one type of license when another type is also allowed to stamp and sign the documents acording to state law.

Once the municipality has the authority to enforce a law or regulation then it has significant lattitude as to where it will concentrate its enforcement efforts. This lattitude is not unlimited and in certain circumstances the courts or the state may step in and compel the local jurisdiction to revise its priorities. At one time the State of California told the local jurisdictions that they either had to enforce the building code or the state would step in and enforce it for them. This had the desired effect.

While there is often confusion as to the interpretation and enforcement of laws, care needs to be taken so as not to act inappropriately. The local jurisdiction does not have any discretion regarding adoption of ordinances or enforcement of state or federal laws unless it has been delegated the power. For example a regulation adopted to ensure the payment of subcontractors might be illegal if the state has reserved that authority to itself.

It is my impression from this forum that there are individuals that do not understand what legal powers they have.

 

[Jobsaver]

Mark K: Good post! Great summary of the issues debated in this thread.

Still, the cup is half full.

 

[fatboy]

Oh, I think you can sum it up as.........make sure you have the legal authority to enforce whatever rules you are trying to through legal adoptions at the local level. If you do not have this in place, get it in place if you should have the that authority.

JM(simple)HO

 

[Jobsaver]

Right-o fatboy. And it is my impression from this forum that there are individuals that do understand what legal powers they have. The cup is half full.

 

[Bryan Holland]

I appreciate the discussion but the point was not whether or not to require the documentation, but what the procedure or policy to implement it should be I agree, with any issue, legal authority must first be determined.

So, assume we/you have the legal authority AND obligation to know the name, license number, and contact information of every regulated trade present at any time on a permtted work site. What do you think is the best way to document this ensuring it is accurate and and complete at both the start, during, and completion of the work all while not causing great redundancy and piles of paper work for your administration.

THANKS!

 

[Jobsaver]

I believe the most efficient method is to require permits from regulated trades, require inspections, and keep an inspection record of required inspections. These items in themselves are already implicit to the permitting process and code enforcement, and in themselves establish the record.

Our building files are tracked by address from the time a permit application is submitted to the issuance of the C/O for that permit, (GC's), or final inspections for the subs.

We use to keep manual files, but have streamlined the process and record-keeping with an over-the-counter permitting software program.

 

[cboboggs]

Here we require the general contractor's info and the plumber's info on the building permit application. The plumber must be licensed with the county (my BOA refuses to license contractors). If the homeowner chooses to act as the general that is fine as well. Electrical permits are pulled by a county licensed contractor. Inspections are requested by the permit holder, period. Since we require a separate electrical permit, the electrician has to call for the inspection. The general has absolutely no involvement with the electrical permit. We do not require permits or license information for residential HVAC work.

We do have a method by which to charge reinspection fees, they go to the permit holder.