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Private residential inspection - When to notify building official of unsafe structure

Private residential inspection - When to notify building official of unsafe structure

Private residential inspection - When to notify building official of unsafe structure

(OP)
In single family residential construction, if you (PE) are retained by the homeowner to inspect the home and find an unsafe condition, you obviously notify the homeowner of the building. However, are you obligated to notify the building official?

RE: Private residential inspection - When to notify building official of unsafe structure

New construction or old?

RE: Private residential inspection - When to notify building official of unsafe structure

(OP)
Existing homes. Homeowner retains PE. There is nothing I see in codes/standards/etc that states that we'd have to notify the building official in addition to the homeowner.

RE: Private residential inspection - When to notify building official of unsafe structure

The way I see it, if you have been retained to inspect and report on an existing structure, the owner knows there is something wrong, and presumably intends to rectify it. The rectification will likely require a building permit, and that is when the building official finds out. Now if the owner decides to do nothing about an unsafe condition, then notification of the building official would be in order.

RE: Private residential inspection - When to notify building official of unsafe structure

The problem comes though in that the PE may never know if the problem was fixed, let alone fixed properlt, particularly if the problem is nor visible from the outside.

Another consideration is that homes aresold,sometimes.without full disclosure. This presents a dilemma to the PE if the building official was never notified. The PE has to satisfy his due dilligence.

Mike McCann, PE, SE (WA)


RE: Private residential inspection - When to notify building official of unsafe structure

An unsafe condition needs to be fixed either voluntarily by the owner or by force of the building department. If the owner intends to fix it, he/she should have no issue with you making the building dept aware of the problem. If they don't intend to fix it then they should be forced to fix it...that's where the power of the building dept comes in. Also, by letting the building dept know, you have left a bigger paper trail that you did your due diligence.

RE: Private residential inspection - When to notify building official of unsafe structure

While the PE has an obligation to his client, safety is paramount. Suggest making this fact known to the client up front.

RE: Private residential inspection - When to notify building official of unsafe structure

Assuming there is a licensed realtor in the mix, the report should also go to the listing realtor. The listing realtor and the seller are now obligated to disclose known conditions to the buyer.

RE: Private residential inspection - When to notify building official of unsafe structure

Here's a snippet of the NSPE code of ethics section that applies:

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RE: Private residential inspection - When to notify building official of unsafe structure

In a private residence the issue of "public safety" is is limited.

RE: Private residential inspection - When to notify building official of unsafe structure

I consider the homeowner, his friends, family, tenants, neighbors, buyers, delivery people, etc. to all be members of the public. Maybe not quite like a public school, but I fail to see much limitation.

RE: Private residential inspection - When to notify building official of unsafe structure

Yes, a house is just as subject to the need for Public safety as any other building.

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RE: Private residential inspection - When to notify building official of unsafe structure

You have an obligation to notify the building official in the event the owner does not immediately correct the issue. You have an ethical obligation to notify the owner that you are going to notify the building official. If the owner asks you to not notify the building official and states that he is going to rectify the condition, tell him that you have an obligation to check to see that it is done. Tell him you will give him a reasonable timeframe to correct the issue (30 days?) and tell him that if it is not done in the stated timeframe you have a legal obligation to notify the building official.

Yes...a single family residence has the same "public" status as any building. The owner will likely eventually sell it to someone "in the public realm".

RE: Private residential inspection - When to notify building official of unsafe structure

Sounds like a great way to make yourself look foolish in most cases. What do you expect the building department to do, order it repaired or demolished? From the most rural areas to our densest inner cities we are quite literally surrounding by structures with major safety issues. Per the VA, a staircase without a railing is unsafe. Per my relatives, hay loft floors are safe until someone falls through. Sure, if an occupied rental or commercial building is about to collapse and you don't believe the owner is taking the repair seriously then by all means report them. OTOH, if a client wants advice about an unoccupied century-old farmhouse then common sense should prevail.

RE: Private residential inspection - When to notify building official of unsafe structure

CWB1.....if an engineer perceives a condition to be unsafe, they have an ethical duty to report it according to NSPE. So yes, that is exactly the expectation of the building department....order it repaired or demolished. I would much rather look foolish by reporting an issue that turned out to be non-safety related than not reporting the issue and someone being hurt or killed. I don't think we are surrounded by "major safety issues", I think we may be surrounded by non code compliant issues (which may or may not be a safety issue). No engineer wants to be the handrail police, but we all should be vigilant of potential safety issues.

RE: Private residential inspection - When to notify building official of unsafe structure

It isn't up to you to police private homeowners. If this property ever goes up for sale, then they would have to advertise that there is a known structural safety issue (at least in my state they would have to). If they didn't, then they could be sued for felony fraud. You were hired for a private job - keep it private.
Dave

Thaidavid

RE: Private residential inspection - When to notify building official of unsafe structure

I would discuss this with the homeowner and explain that I have an obligation to report this if it is life threatening and that it has to be repaired. I would impress upon him that this is a dangerous situation and how to immediately provide temporary remediation so it was not 'life threatening'.

I would afford the homeowner the opportunity to undertake the repairs and confirm that this is happening. If not, then I would move forward with this, but, only after I had given him the opportunity to undertake the work himself. This approach may not be 'officially' correct, but, I think this is the proper way forward.

Don't take this as my recommendation... you have to act on your own conscience.

Dik

RE: Private residential inspection - When to notify building official of unsafe structure

Like the private company boiler in Saint Louis? Even in medicine, where there is a long history of confidentiality, there are laws requiring the reporting of certain conditions, particularly those which affect others. I'm surprised there aren't state and local laws requiring such reporting to eliminate the ethical vs. professional conflict.

Ref: http://www.stltoday.com/news/local/metro/corroded-...

RE: Private residential inspection - When to notify building official of unsafe structure

3DDave:

Agreed... but, cut the owner a little slack, before blowing the whistle. Give the homeowner an opportunity to undertake the remediation in a safe manner.

Dik

RE: Private residential inspection - When to notify building official of unsafe structure

I refuse to even look at decks at as-built decks at this point just to keep this issue from coming up. They seem to be the source of most safety issues I observe.
I also do not have time to monitor a homeowner to determine if it was fixed.

RE: Private residential inspection - When to notify building official of unsafe structure

XR250:
Then use Ron's approach... it's very seldom that I get involved with residential stuff, and, usually only for those I know. Even with Commercial and Industrial, I let the client know what the issues are and have almost never (1 or 2 in several hundred) had to go beyond this

Dik

RE: Private residential inspection - When to notify building official of unsafe structure

Quote (Dik)

Then use Ron's approach...
Ron's approach requires that I monitor the situation. I do not have the time or desire to do that.

RE: Private residential inspection - When to notify building official of unsafe structure

Our local code of ethics says we only need to elevate the notification to the juristiction if our advice is ignored. You must give people a chance to repair their situation. If they willfully ignore you, then by all means take it further.

RE: Private residential inspection - When to notify building official of unsafe structure

In my case, I wrote a letter to the owner of an operating facility about known code violations and detailed them in the letter. The laws regarding my responsibilities to the public were also listed in the letter to the owners. They had a specified amount of time to respond with their actions or intended actions wherein a missed response date would require me to notify the city, state, and local OSHA offices. With several days to spare, they responded that all code violations had been corrected. In my opinion, that was all I needed to do as I have no authority to do anything more than take care of my responsibilities. Did I believe all code violations had been corrected? No. But that is their problem, as the owner/operator, not mine. I do not control their money or priorities.

In thinking about the definition of public, I've looked at a host of differing sources as well as the State of Louisiana's Board to arrive at, what is to me, a correct perspective. Public means everyone.

As far as residential, sellers often do not list known problems with properties and, indeed, will go to great lengths to hide them. So a termite infestation, in my first home, was costly, to me but not the original owners, as well as bentonite around window wells, in my current home.

Pamela K. Quillin, P.E.
Quillin Engineering, LLC

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