When an inspector doesn't "inspect"...

[Yikes]

I've recently agreed to help a new client get over the hurdles related to C of O for an additional building on their church property. The church obtained permits over 7 years ago for a new multipurpose building.

The shell of the project was a pre-engineered building, and the T.I. and some site accessories were self-built by a semi-retired combination construction manager / contractor who attended the church, and a number of subcontractors. A now-retired architect prepared the T.I. plans, and permits were pulled for the entire project.

Work proceeded very slowly, and the building inspector visited the site a number of times, offering verbal corrections but not writing his signoffs on the card. In other words, he would write things like "anchor bolts" on the card, but he wouldn't say if it was signed off or not.

A few months ago, the building inspector was fired by the city, reportedly for not following procedure. The project was almost done when this occurred, with just a few remaining (verbal) corrections about exit signs, etc. The new building official has reportedly said that the inspection card markings represent "observation" but not "inspection", and therefore the project has not demonstrated continuous progress in the last 7 years, and has effectively suspended/abandoned. The official is asking for the old plans to be resubmitted with modifications to comply with current code.

What is your take? what is a reasonable definition of suspension or abandonment in a situation where the inspector left things so vague?

 

[steveray]

I would approach the city. If they knew the old guy wasn't doing his job properly, they might help nudge the new inspector not to penalize for his shortcomings...

 

[tmurray]

My opinion is that the burden of proof is on the inspector, one of those "innocent until proven guilty" things. If I were in the inspector's position, understanding that the old inspector was dismissed for playing fast and loose with the rules, I'd have a conversation with my superiors that were going to have to be lenient on anything in the pipeline, but everything new coming up can be strictly held to the rules.

I'm assuming the church has receipts for payments for labour and/or materials for the time period. Those would be more than enough for me, but to be honest I'd let it go.

 

[cda]

Sounds like the new guy is that new.

Has not delt with problems before.

Does the city have an expireation date on thier building permits ?

Does the city have any written policy on suspended/ abandoned work??

Guess the new guy can't see the building is built, permit and plans in hand???


Sounds like by pass the new guy and keep going till you find some one with more brain cells

 

[mtlogcabin]

[A] 114.2 Notice of violation.
The building official is authorized to serve a notice of violation or order on the person responsible for the erection, construction, alteration, extension, repair, moving, removal, demolition or occupancy of a building or structure in violation of the provisions of this code, or in violation of a permit or certificate issued under the provisions of this code. Such order shall direct the discontinuance of the illegal action or condition and the abatement of the violation.

This is also known as a correction notice. If the church did not make the required corrects then it was the responsibility of the AHJ to prosecute the violation. It is not the responsibility of the church to proof the inspections where not approved. It is the AHJ's job to produce the violation notices that where presented to the church.

 

[ICE]

As a general rule, you can't trust churches when it comes to dealings with a building department.

The project has taken seven years and the inspector was there often enough to allow the work to proceed. What stage of completion was the project at the last time the inspector was there? It seems to me that the job could be picked up at that point. It is most likely an open book as far as the construction is concerned. Prefab structures do not present much of a challenge for the builder. An inspection done today will give a competent inspector a pretty good idea of the comfort level he should have with the previous inspector's oversight.

Asking for new plans is wrong....why not finish the project and put it to rest.

It sounds like the new guy doesn't want to deal with it.

 

[cda]

Someone must have pictures on how it has progressed over the years

Maybe not code related, but should be able to do a picture timeline

 

[north star]

+ + = + +


IMO, ...it is time for the church to "Lawyer Up", and go
and have a civil, courteous discussion with the city.
Have documentation in hand when the meeting is held,
and try to work something out.

If there are no major problems at this stage, it is, ...IMO,
not productive to start over with "new" requirements.


+ + = + +

 

[Keystone]

I would assume there's a log of some type, an call log for inspection, an inspection schedule, etc... The information under most states may be public information that may be obtained through request and would substantiate the churches progress of inspections.

The inspector, he may be new, he may be overly cautious due to the previous nonsense. Give it an honest go forward with records and dates and any other itemized information that is directly related.

If that fails then talk to B.O's boss or council at a public meeting and all else fails it's time to follow Nortstar's advise but one thing is for sure, do not let time idle by on this any further, 7 years is a bit excessive.

 

[ICE]

I'm assuming the church has receipts for payments for labour and/or materials for the time period. Those would be more than enough for me, but to be honest I'd let it go.

The church will tell you that the valuation is in negative territory. They beg, borrow and steal to the point that they expect free permits. Receipts for labor and material are nonexistent. The labor was free and according to their accountant, they haven't any funds to pay for material....you see it's a miracle.

 

[Yikes]

Thank you all for your advice. I really appreciate this forum. I have since found out more about the situation and what the previous inspector was doing that got him fired, and I won't go into detail here, but suffice to say I now pity the new building official who has to clean up after his messes. We'll find a way to work it out.

 

[DKnoch]

I know this is an older thread, and sorry. But if it is still an unresolved matter, I would take the matter to the Board of Appeals. Look up section 113 in your IBC, and if you have a legal aspect of code book, that delves deeper into it. Why was nobody requesting copies of inspection tickets?