• Welcome to the new and improved Building Code Forum. We appreciate you being here and hope that you are getting the information that you need concerning all codes of the building trades. This is a free forum to the public due to the generosity of the Sawhorses, Corporate Supporters and Supporters who have upgraded their accounts. If you would like to have improved access to the forum please upgrade to Sawhorse by first logging in then clicking here: Upgrades

What is my professional responsibility???

Nicole Brooks

Registered User
Joined
Sep 21, 2018
Messages
65
Location
Baltimore
I am doing a permit for a building alteration that converts some office space back to warehouse. The building has three tenants. One of the tenants, where there is no work being done, has an office space that is in excess of 12,000 sf and only one exit. Travel distance from the furthest point is 200'. Is it my responsibility to add a second means of egress in this space, or because there is no work taking place in this space is it just as-is?
 
Are you a contractor? Architect? Owner of the building?

Best answer is always talk to the local building department, as laws, regulations, and adopted codes vary widely.

What codes are locally adopted?
 
As an architect, I would not say anything about tenant spaces where no work is being done, and see if the plan reviewer says anything. If it's not in the scope of the work you were hired for, don't worry about it.

I'm guessing there are tons of scary existing buildings in Baltimore.
 
I am doing a permit for a building alteration that converts some office space back to warehouse. The building has three tenants. One of the tenants, where there is no work being done, has an office space that is in excess of 12,000 sf and only one exit. Travel distance from the furthest point is 200'. Is it my responsibility to add a second means of egress in this space, or because there is no work taking place in this space is it just as-is?
I would say you should check your local fire marshal, they would have the jurisdiction no matter what our code book says
 
Nicole,

If the space in question has a current certificate of occupancy and no work is being done to effect that space or the means of egress from that space, the existing building code and/or fire code would generally not require anything to be done unless the code official determines there is clear hazard to life safety or other unsafe condition.

That being said, as an architect, if you feel the current condition is not safe, shouldn't you inform the owner? I think most professional ethics statements (AIA or otherwise) would lead you to the same conclusion.

Final note - I do a lot of work in Maryland, so feel free to reach out if you have further specific questions, but the City of Baltimore genreally does not enforce NFPA 101 unless it is a state funded or owned building.
 
You generally don't have to fix every violation of existing conditions you encounter.

I do feel you have an ethical obligation to inform your employer that you discovered the issue so it can be passed along to the owner, hopefully to be resolved. However, I do not feel it is your responsibility to see it resolved.
 
I do feel you have an ethical obligation to inform your employer that you discovered the issue
Wouldn’t this fall under the same logic as inspectors who only check work covered by the current permit? They don’t go looking for other violations.
 
While I agree with most of the comments above, it sounds like it could be a partial change of use (B to S1) which could have some implications to the larger building...Don't forget to look at Ch. 10 IEBC...

1638813705508.png
 
Nicole, with all due respect, as an architect, at a minimum it would be your professional obligation to advise the property owner and City officials of your findings. What they do with that information is up to them, but to ignore it and not say anything would not be in accordance with almost any professional licensure rules of conduct. As a code official, when looking at plans for a tenant space, I'm not hunting for issues in areas that are not within the scope of the proposed work, but if code violations are shown on the documents, they need to be addressed, regardless of whether or not they are within the scope of work. That being said, Baltimore City is a very unique jurisdiction within the State of Maryland, and I'm not sure if they even adopt the State Fire Prevention Code, so they very well may say that the space is existing, and since there is no construction in that space being performed, there is no basis for them to take any action. At any rate, it's best to let the City and the property owners work it out.
 
I agree that telling the owner would be a good idea, but telling the city is not really necessary - if you are submitting decent plans, they can see everything that you can see, and if they enforce this kind of thing, they will bring it up. Just clearly label what is in scope and what is not.

You want to have a good relationship with the city, but the owner pays the bills. You should go above and beyond when dealing with the owner, especially if the owner is not very familiar with the industry and processes - it's your job to look out for them.

With the city, you should just submit neat, accurate plans, and cooperate as they do their job. The plan reviewers are supposed to be professionals in this industry, you don't need to look out for them like you would the owner.
 
I agree that telling the owner would be a good idea, but telling the city is not really necessary - if you are submitting decent plans, they can see everything that you can see, and if they enforce this kind of thing, they will bring it up. Just clearly label what is in scope and what is not.

You want to have a good relationship with the city, but the owner pays the bills. You should go above and beyond when dealing with the owner, especially if the owner is not very familiar with the industry and processes - it's your job to look out for them.

With the city, you should just submit neat, accurate plans, and cooperate as they do their job. The plan reviewers are supposed to be professionals in this industry, you don't need to look out for them like you would the owner.
That not entirely accurate.

Keep in mind that if a design professional's plans clearly show a violation of a code, and it is egregious enough, we (code officials) can turn it over to the State Licensing Board. Depending on the State Licensing Board's findings, a disciplinary action can be levied against the design professional.

So sure, a design professional is not obligated to tell the AHJ... but test your luck and see what happens. I mean it's your professional license that is at risk. Wanna gamble your professional career or not?
 
Nicole, with all due respect, as an architect, at a minimum it would be your professional obligation to advise the property owner and City officials of your findings. What they do with that information is up to them, but to ignore it and not say anything would not be in accordance with almost any professional licensure rules of conduct. As a code official, when looking at plans for a tenant space, I'm not hunting for issues in areas that are not within the scope of the proposed work, but if code violations are shown on the documents, they need to be addressed, regardless of whether or not they are within the scope of work. That being said, Baltimore City is a very unique jurisdiction within the State of Maryland, and I'm not sure if they even adopt the State Fire Prevention Code, so they very well may say that the space is existing, and since there is no construction in that space being performed, there is no basis for them to take any action. At any rate, it's best to let the City and the property owners work it out.
I like this answer the most. It makes sense and is the professional way to go.
 
On the flip side...I am sure I have never seen an architects plans for a building that doesn't have any violations in it....If you see something should you says something...Maybe, but I don't think you have an obligation to to a code compliance analysis of every building you work on...Just like we do not issue a CO for an entire building, just the work covered by the permit...

5. A statement that the described portion of the structure has been inspected for compliance with the requirements of this code for the occupancy and division of occupancy and the use for which the proposed occupancy is classified.

I am not making you put any more skin in the game than me...
 
Top