# rearing it's ugly head



## BSSTG (Jul 25, 2014)

Greetings,

Well the case is resurrected after over a year.    http://www.thebuildingcodeforum.com/forum/code-administration/10377-c-o-court-case-coming-up.html

I started this thread way back when. The case then was mysteriously dropped out of court last Jan. I threw a wallyed fit too. Almost quit. After I threw the fit it did prompt some changes in how our cases are handled in muni court. For any case to be dropped it has to be approved by the judge and the citing officer. After the case was dropped I wasn't going to pursue it anymore without direct approval of the Mayor. Never asked, never happened.

So we fast forward to this week. (I knew this would happen someday) Same property owner comes in with an occupancy request application to change electric provider. Here an occ permit is done as they are required to change electric provider. So I take my boss with me, go over to do the inspection, inform the building owner she is subject to a complete occupancy inspection since she has no CO even though the owner only wants to change electric providers. Sur nuff, they have bootlegged the electric service and added a whole lot of load to one meter while disconnecting another meter. Really messed up. So after a few moments of discussion the property owner decides to kick me and the boss off the property. Kinda funny, the boss says she has never been kicked off a property. Welcome to my world!

Bottom line is this. I have a majorly modified historical mixed use building with no C/O which owned by a very nasty combative property owner. All kinds of work has been done without permits. As well as a violation of long standing stop work order. I am hoping now that I might get a administrative warrant. If it pans out that I get in the building to write up deficiencies, how to handle it? Should I completely map out the building with travel distances and such? Egress has been modified here, a stair has been removed as well as a fire escape. It has changed from a Group B and M mixed to what is now a Group R and M mixed. All of the Group R changes done without permits. It seems to me that a very thorough inspection is needed.

What you folks think?

thanksabunch

BSSTG


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## cda (Jul 25, 2014)

Yep pick up the book and practice your throwing skills

Sounds like you will have the BO on your side


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## cda (Jul 25, 2014)

Maybe get as many higher ups in the city and give them a game plan with " I don't think we want to be live at five"" speech


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## cda (Jul 25, 2014)

Also anonymous calls to the media sometimes does wonders


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## Frank (Jul 25, 2014)

Get your local legal counsel on board up front.


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## Rick18071 (Jul 25, 2014)

Isn't the zoning official helping out. In PA zoning has more legal power than the building inspector.


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## BSSTG (Jul 25, 2014)

Rick18071 said:
			
		

> Isn't the zoning official helping out. In PA zoning has more legal power than the building inspector.


 No zoning here... Our city attys are contract. The one that initially had the case wanted to get an injunction to get the lady kicked out but he got replaced. Now he's back on board. We shall see what happens. Regardless, if I go in there with a warrant, it will make the paper and be the talk of the town. I'm not doing it with a lot of backing. Problem is now we have a real fire hazard as the entire 10,000 sq ft building is on a 200 amp meter feeding 5-200 amp panels. (all electric too) I don't know how it will shake out. Truth be known though, I would love to see the look on this property owner's face me showing up with a search warrant. I know it would be a real Kodak moment!

BSSTG


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## cda (Jul 25, 2014)

10000 sq ft """" what is now a Group R and M mixed""""  nice size building to be unregulated

""""it will make the paper and be the talk of the town""""  better for the good than for the bad as in injured people

I would say go for it as long as  you are treating everyone else in the city the same.

You may not get the entire enchilada, but maybe will get some nice bites.


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## BSSTG (Jul 25, 2014)

Greetings,

Well good news, my boss had a meeting with the city atty and he wants to pursue this. His opinion, as relayed to me, have the power cut off. At any rate, he wants to talk with me about strategy so we shall see. Even with the atty on board it's going to be a mess. That said, I really can't in good conscience let this go especially since they jacked with the electric service. I can see it now, me on the witness stand when some atty says "BS you've been a master electrician for over a 1/4 of a century and you didn't do anything about it after being aware of the fire hazard potential? And now we have injuries and 1/2 a block burned down" Plus, I have to sleep at night to boot!

Will keep yall posted

thanks

BSSTG


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## cda (Jul 25, 2014)

""""""have the power cut off""""

My favorite tool!!!!!!

how about the electric power company is it somehting on thier side that they would pull power if they saw it??


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## BSSTG (Jul 30, 2014)

Greeting,

Breaking News! After a discussion with one of our senior city attorneys, they have decided that this warrants the attention of Mayor and Council and it has been put on the next council meetings agenda behind closed doors. HIPHIPHOORAY!

The next council meeting is Aug 7. I will post up on developments.

BSSTG


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## steveray (Jul 30, 2014)

New R?.....sounds like sprinklers....That'll make em happy....


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## BSSTG (Jul 30, 2014)

steveray said:
			
		

> New R?.....sounds like sprinklers....That'll make em happy....


Yessir. And that's why this case has been a thorn in the side of the old timers. This case and others has been the catalyst for instigating a panel to be put together to see about amending Codes. The panel consists of 2 council members and several other local folks. It was organized at a Council meeting with the blessing of Mayor. One of the folks on the panel has one objective, to get me fired. Kinda funny too. He is so obsessed that he has lost most if not all of his credibility as well as doing damage to their cause. Even the council members are kinda fed up with him from what I hear. He is a retired atty and Tx Pro Tem Speaker of the House. He doesn't like me since he lost his case against me in court a few years back. Old guy really needs to retire from public life.

In fact I told our attorney, who works out of San Antonio, that there are some in this town that would like to see me dead, buried, and fired. Atty then told me what he went through in San Anton some years back when he had a dance hall closed down for numerous fire code violations. Personal threats and so forth.

We muddle on.

BSSTG


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## BSSTG (Aug 19, 2014)

Greetings,

Well the Council met in closed session the other day to hear about this case. I figure they listened to about 30% of what I had to say. I had laid the whole story out in about 5 minutes with a handout of bullet points with pics. In retrospect I suppose the city attorney saw I wasn't getting much attention when he chimed in. He stated some legal goobledy gook and then informed Council of the potential liability that I as a city building official had. Now that they were informed of the situation they had liability. That's when we got their attention. Imagine that.

Anyway, one council member just flat believes I'm picking on the folks. Funny too. She's fixin to build a new house. I bet she wants me on my game when I inspect that huh!

Bottom line is that Mayor and City Atty will handle hiring an independent 3rd party inspector to figure out what's up. As long as they find someone that knows what their doing it should be ok I figure. We shall see. I did inform Council that the 3rd party dude must be fluent with NEC load analysis.

Anyway, it takes the monkey off of my back and I'm glad.

BSSTG


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## cda (Aug 19, 2014)

you might check these guys

http://www.us.bureauveritas.com/wps/wcm/connect/bv_usnew/local/home/worldwide-locations/bv_com_worldWideLocationResults?countryName=UNITED+STATES+OF+AMERICA&url=http://www.us.bureauveritas.com

out of houston

Certification

- Government Services & International Trade

- Marine & Offshore

- Industry & Facilities

- Construction

- In-Service Inspection & Verification

- Industry


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## Kearney.200 (Aug 20, 2014)

IBTS has a agreement here in KC Metro area that we can call on them for independent inspections you might look and see if they have something down there


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