# Inspections.... In CA



## mark handler (Jun 12, 2019)

AB 2485 by Assembly member Chau (D – Arcadia).

AB 2485 was signed into law, and as of January 1, 2019 will prohibit a local official who inspects a commercial property or business for compliance with a state statute or regulation or local ordinance from being accompanied during the inspection by a person with a potential financial interest in the outcome of the inspection.

The bill's intent is to eliminate financially interested individuals from the permit processes in order to discourage illegal behavior.


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## cda (Jun 12, 2019)

Hum 

Sounds like no one can walk with the inspector ???

Makes no sense.


So when you find the hundred violations,,, do you than rewalk the building pointing them out to the person in charge of correcting them? 



It does eliminate the committe inspection


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## cda (Jun 12, 2019)

Who is going to enforce it??:;

The inspector police?


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## conarb (Jun 12, 2019)

It sounds crazy, I always walk the job with the inspector, it's a courtesy if nothing else, in the meantime minor discrepancies can be corrected as we are going through and don't become write-ups.  I wonder which pressure group (lobbyist) paid for this?


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## MtnArch (Jun 12, 2019)

Mark .. would this also apply to an inspector being accompanied by a CASp for the owner?  No specific project or situation in mind, my mind just wondered.


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## mark handler (Jun 13, 2019)

MtnArch said:


> Mark .. would this also apply to an inspector being accompanied by a CASp for the owner?  No specific project or situation in mind, my mind just wondered.


The was I see it,
CASp inspector or contractors usually do not have a financial interest in the property, meaning partial ownership, in the property.

THey have intrest in the project,  not the property


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## cda (Jun 13, 2019)

mark handler said:


> The was I see it,
> CASp inspector or contractors usually do not have a financial interest in the property, meaning partial ownership, in the property.
> 
> THey have intrest in the project,  not the property





Hum

If you write a hundred violations, seems the contractor would have a financial interest ??


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## ICE (Jun 13, 2019)

The owner and contractor both have "_a potential financial interest in the outcome of the inspection_".  So if I have questions, which I usually do?  This should be applied to residential as well.

Heaven opened up and poured out a blessing on inspectors.  There's been more than one occasion where I told a contractor that he couldn't be present for the inspection.  Now they all have to go wait in the truck.  This is too funny.

Factor in the Ipad and they won't know the result of the inspection until I enter it all on the Ipad and it's available on the internet.....later that day.  All they're going to know is that I didn't sign their card.  Let's go a step further and refuse to take their phone calls.....maybe wear disguises.

I guess time frames won't matter anymore.

Okay Mark, come clean, did you make this up?


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## tmurray (Jun 13, 2019)

ICE said:


> The owner and contractor both have "_a potential financial interest in the outcome of the inspection_".


So do the municipalities we work for...


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## cda (Jun 13, 2019)

not sure if this is final product::

https://leginfo.legislature.ca.gov/faces/billTextClient.xhtml?bill_id=201720180AB2485


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## cda (Jun 13, 2019)

(1) “Agent or representative” may include, but is not limited to, a licensed contractor that is performing work on, or has completed work on, the commercial property or business that is the subject of the inspection


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## conarb (Jun 13, 2019)

*



			26250.
		
Click to expand...

*


> (a) Except as provided in subdivision (c), a local official who inspects a commercial property or business for compliance with a state statute or regulation or local ordinance shall not, during the inspection, be accompanied by a person with a potential financial interest in the outcome of the inspection, *unless *the person is any one of the following:
> (1) The owner of the property or business.
> (2) The agent or representative of the owner of the property or business.
> (3) A person who has, or operates under, an existing contract with the local government of the local official to provide inspection, abatement, legal, or remediation services and has been directed by a local official to perform services at that particular inspected property or business.
> (4) A contractor or consultant, or a designated agent of that contractor or consultant, that is on a publicly available list of qualified bidders that may provide inspection, abatement, or remediation services to, and receive compensation for those services from, the local government. A person who accompanies a local official pursuant to this paragraph shall not solicit or receive compensation from the owner to remediate any potential violations of a state statute or regulation or local ordinance found in the course of the inspection.



Since the owner, his agents, and contractors can be there who is this designed to target?  The only group I can think of is crooked inspectors who bring their own contractors to try to take over work.


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## mark handler (Jun 13, 2019)

[QUOTE="cda, post: 199964, member] “Agent or representative” may include, but is not limited to, a licensed contractor that is performing work on, or has completed work on, the commercial property or business that is the subject of the inspection[/QUOTE]
*You will need to talk to your city attorney to get their interpretation.*


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## mtlogcabin (Jun 13, 2019)

"potential financial interest in the outcome of the inspection"

I also think this is geared more to housing and fire inspections on existing buildings.

Example. Fire alarm systems are usually proprietary and to have the alarm contractor walking around with the inspector pointing out everything that is wrong with an existing system that he is going to get paid to fix once the inspector writes it up would be a violation of this law.

As Mark pointed out it is one for the attorneys to decide.


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## conarb (Jun 13, 2019)

mtlogcabin said:


> "potential financial interest in the outcome of the inspection"
> 
> I also think this is geared more to housing and fire inspections on existing buildings.
> 
> ...



I don't see it as an issue, with the 4 exceptions I listed above I don't see a problem, the problem is that Mark quoted the statute without the exceptions making it look like a contractor or owner couldn't walk with the inspector.


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## ADAguy (Jun 26, 2019)

Impact on DSA inspectors in CA?


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