by Michael O'Brian on January 3, 2010
Referenced Standards, What Applies
This question was posed by one of our readers and we thought we would turn it over to you the experts! In order to properly enforce a model building or fire code, it must be formally adopted by the governing body of the municipality where the enforcement occurs.
The adoption process typically occurs when an ordinance is enacted which states the code document which will be utilized and it indicates which additions or deletions to the document will take place.
Codes refer to other [click to continue…]
by Michael O'Brian on June 11, 2009
A person employed to inspect something
Why is it that the term “Inspector” is not defined in many of our code books? Even Wikipedia does not define the term Inspector based on how we utilize them in code enforcement.
Here in the United States there are many names for those responsible for enforcing an adopted code. Previous posts have talked about the administration of the code and the need for inspectors to be problem solvers, but we never truly defined what an inspector is. I have gone to Webster and they indicated that an inspector is “a person employed to inspect something.” This definition would apply to most of us in the code world but it doesn’t leave a lot of power to our duties.
I continued into looking at [click to continue…]
by Michael O'Brian on March 10, 2009
Can I Occupy My Building Now?
Picture this, you have just invested nearly one year of your life and 5 million dollars as it has been poured in this dream of yours (at least that how your friends say it). In front of you is the shinny new building, it seats 200 people, its contemporary, it has state of the art cooking equipment, the cash registers are in, and the staff are waiting to be trained. Excitement and anticipation are high. The final inspection is underway and then we find out we just failed our final inspection.
The final inspection is the last step before the building owner/occupant can get a certificate of occupancy. Emotions tend to run high for building owners as they are preparing to start making money out of their brand new building.
Unfortunately, [click to continue…]
by Michael O'Brian on January 17, 2009
Climate Change and Green Jobs are part of the new administration
Emphasis on clean energy and a green industry are part of the turn around plan presented by future President Barack Obama. Recently the house moved to pass the American Recovery and Reinvestment Bill.
According to the summary of the bill the stimulus will:
Put people back to work today and reduce our dependence on foreign oil tomorrow, we will strengthen efforts directed at doubling renewable energy production and renovate public buildings to make them more energy efficient
- $32 billion to transform the nation’s energy transmission, distribution, and production systems by allowing for a smarter and better grid and focusing investment in renewable technology.
- $16 billion to [click to continue…]
by Michael O'Brian on December 13, 2008
The administration of codes through the building and safety department or fire prevention division is critical to the overall community enforcement for all codes. Administration can be viewed as the adoption, use, deputies, and how we enforce codes or standards. Many of us can look at our first chapter of the adopted building or fire code for guidance on the “administration of code.”
The proper administration will address the development of staff through professional associations and appropriate training or development. The administration continues with forward thinking by the division administrator (code official, building official, fire marshal). If we focus to our initial interactions with customers as they come into our community and start their project.
I often receive phone calls from prospective developers looking for guidance on the building process in our community. Although the basic concepts are [click to continue…]
by Michael O'Brian on July 17, 2008
As an inspector what tools do you need to do your job in the field? I can envision us trying to carry a tool box full of tools and equipment to do our job. As inspectors we rely on contractors and business owners to provide lifts, ladders, access to equipment or even equipment to test systems. There is certain equipment that inspectors must bring with them to perform their job. The following are some items that come to mind although I am certain that members of this community will provide insight on their tools of choice (feel free to comment in our discussion forums or add to the post by submitting a comment).
Clipboard, or some means to carry notices and a place to keep your notes. An inspector doesn’t have to have the answer on hand during the inspection. It is not uncommon for us to take notes or sketch a scenario and return to the office to look up the issue at hand. I prefer a leather portfolio or a thin metal clipboard. They can hold business cards, stickers, violation notices, an extra pen, or various forms. I also have secured a business card to the clipboard because I have been known to leave it behind at times.
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by Michael O'Brian on June 22, 2008
So I have my adopted code, gone to training, and now I am ready to start enforcing the code. Things go well for a couple weeks as I struggle through the administration and enforcement of the code. I find that I spend a lot of time looking through the code book to make sure I am prepared at time of inspection. Its 3:00 in the afternoon and I go into my last business inspection for the day, where the contractor wants to argue everything 
including the key box. I keep my cool although I really want rip this guys head off. What do I do? If I was a police officer, and I had pulled this person over for speeding, I am certain that the first time a violation is found a ticket is written (or maybe a warning if you are nice).
One key aspect for inspectors is the ability to read people and provide different techniques as it relates to enforcement. I may try to be a diplomat and sell code enforcement. I could also try to be an authoritarian and demand that our way is met. The ability to utilize different techniques to reach code compliance is critical. Regardless of the methods utilized to persuade or gain compliance is critical, although proper documentation and violation notices are just as important.
In the above scenario, this person will most likely fight you along the way. Most adopted codes require some form of violation notice be left with the permit holder. This can be accomplished through green, red, or orange stickers left at the construction site or other forms of documentation. Now a days many are utilizing electronic devices (tablets) to itemize code violations and print, fax, or email a report to the permit holder. Then many of us still use paper and multi-use forms which can easily be duplicated in the field (a copy left with the permit holder, a copy to the file, and maybe a copy to other departments).
Clear common language (to the permit holder) documentation is necessary to provide clear language once the inspector has left the site. In addition this written communication serves as a notice that the person is in violation of the code. There are times where we must make a case of when the permit holder was made aware of the violation and these complete reports are crucial.
Okay, I issue my red sticker, give a violation notice and perform a follow up inspection 2 weeks later. The issues have not been resolved and now a second notice is given. What happens after this is usually based on policies outlined by the AHJ. This could include financial penalties under your ordinance or even a written ticket. The process should be made clear to the permit holder without using terminology as to what the next steps are.
Lets go back to the example of the permit holder who wants to fight everything; what is a violation worth a ticket? Are there code requirements which deserve faster follow up, or a more severe penalty? Most of us would say yes, but isn’t a violation still a violation? The difference between a good inspector and a great one, is the ability to gain code compliance by utilizing different methods of persuasion, and utilizing the violation system to gain compliance when necessary. Make sure the penalty matches the crime, so is the issuance of a ticket, with a court appearance necessary when the open violation is improper use of an extension cord?
by Michael O'Brian on January 17, 2008
I have watched many inspectors who are intimidated by the “code” book and choose to ignore it in lieu of attempting to understand it. I have said many times that it takes inspectors around three years to start asking the right questions and another two years to know where to go to get the answers. Many times this is by developing systems and processes that help you find what you are looking for (or by asking someone for advice).
So let’s start with the basics. As an inspector I can only legally enforce the codes and standards that are referenced by the code we adopted. If our state has a state wide building code, then the document utilized as the building code would be our starting point. If my community has adopted NFPA 1 as the fire prevention code, then that is our adopted code. The standards that are referenced in the appendix or administration chapters are only enforceable to the extent that it was referenced by the adopted code.
For instance, the International Fire Code 2006 references NFPA 101 The Life Safety Code in section 1025.6.2 (Smoke Proof Seating). The reference is only for the section in NFPA 101 on a life safety evaluation. This does not imply the entire life safety code is up for grabs (from a legal standpoint). In my community we have adopted the IFC 2006 and many times I will refer to NFPA 1, 101 or other non-adopted documents to help me enforce our code (gain additional information or alternatives). Now that we know what the “code” is, getting around the book can take some time. All inspectors should memorize the general layout.
When I say memorize I only talk about the general layout (do not memorize code, it will give you a headache). Take NFPA 13, The Standard for Automatic Sprinkler Systems (2007 edition). The standard has a basic flair to it (just like NFPA has set all new standards to do). The beginning three chapters are administrative, scope, definitions and reference standards. Then you get into the meat and potatoes. The front chapters are setup for system components (piping, sprinklers, valves, etc…). Then the chapters turn toward design (general and specific). If I am looking for information on sprinkler obstructions I would go to the chapter specific to sprinklers.
Just flipping pages in a code book to find your section is not the place to start. If you are looking for something specific go to the index of the code or standard. If you are going to look at a wider range of items, go to the table of contents. This starts you in the correct manner of reading code. Let’s take the question about sprinkler obstructions. Going to the index and looking up sprinkler can lead us on several goose chases (lots of flipping pages and not finding what I am looking for). If I know the sprinkler is a standard upright, go to the table of contents and look up sprinklers, then standard upright. It will narrow my path and get me to my answer sooner.
Like anything else code administration takes time and patience. Develop a system which works for you so you can get your answers quickly without memorizing the codes.
Do you have code questions, visit our discussion forums and ask all the questions you want (for free)!
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