# AHJ approving own drawings



## JrJr

I had a question about what a AHJ is able to do regarding plans review & how much involvement they can have in the creation of construction documents.
I know of a code official / plans examiner that routinely draws up various architectural projects, reroofing courthouses, commercial additions, new construction (churches, county facilities, etc), etc and accepts his own drawings for permitting purposes.  
Usually how this comes about is that a owner (private or local gov't) will contact a contractor, who in turn engages this code official for the procurement of construction documents. From what I know, if the project is in another AHJs jurisdiction, he then works with an electrical engineer who will sign & seal his drawings.  I have heard that they came upon an AHJ that refused this system they have & required them to get an architects seal for the drawings.  They were figuring out a way to get around this if possible.  I guess its so they dont have to employ an architect & keep all the fees for themselves.

For some reason this doesnt sound on the up & up.  I thought most states have statutes & laws about what professions can do.

Thanks
jr


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## cda

Welcome


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## Mark K

If this is in the building official is approving his own work he probably has a conflict of interest.  You could bring this to the attention of the City attorney.

The city or county may also have rules regarding employees doing outside work.

Whether the seal of the electrical engineer is acceptable depends on the state licensing laws.  In states that do not license different engineering disciplines the electrical engineer could seal the drawings but is allowed to do this only if he has the competence regarding the type of work being sealed.  If the state licenses different disciplines then the electrical engineer appears to be clearly violating the licensing laws.


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## cda

So let me restate your question

Code offical / plan reviewer draws plans for non city projects

For projects in his ahj

Than reviews them when they are submitted???

Seems like the city itself should have it in writing, you will not work on private projects that you have jurisdiction over.

Sounds like a call to the local tv station is needed.


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## JrJr

Well from what I know, the local city (small rural town) has engaged this AHJ to provide design services for reroofing the courthouse, new construction of buildings, etc.  Contractors contact him as well knowing that he can provide drafting services for architectural projects that would normally need a licensed architect.  Instead of getting an architect to seal the drawings, this AHJ gets with a mep engineer who will seal the arch drawings for him.  It seems the surrounding AHJs accept this practice.  From what I heard, this AHJ believes that any design professional can seal any other disciplines work.....i.e. an engineer or even an interior designer sealing arch drawings. I think the whole purpose is to avoid hiring an architect so they can keep the fees for themselves.  This is in rural GA.


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## JrJr

I do know that they ran into a problem with one AHJ that didnt accept this practice of getting his mep eng friend to seal his drawings. They were upset that this one AHJ unlike all the others werent accepting their sealed drawings for an architectural project.

I had someone tell me to mind my own business, that this practice is acceptable & to leave them alone.  It just sounds wrong to me.   I have a friend who is an architect, but is afraid to rock the boat with reporting it.


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## cda

So same question designs for the city he works in????

Or designs for projects in other cities??


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## JrJr

Yes, designs for the city he works in.  And private projects as well in his county & in other counties. 
Im not aware if hes done it for city projects in other cities.  Given the circumstances I wouldnt be surprised though.


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## JrJr

I know it sounds far fetched.  But Ive been told that some rural area AHJs operate however they want to. 
In this case, this particular AHJ was a drafting teacher at one time.  Since being a AHJ from the 80's he has engaged in this sort of thing of drafting projects that are architectural but gets an engineer to seal them for him...in order to make them legit.  My architect friend has confronted him about this practice, but the AHJ told him that he is allowed to do this....that someone at the sec of state GA has told him its ok.  I dont think this sounds right.  Im in construction in Florida & Ive always seen an architects seal on building plans.  This just sounds fishy to me.


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## Mark K

If the state licensing board will not take action and the City will not do anything then the options are to have the local newspaper expose the problem or to let it go.

In most parts of the country the building official would be in several types of trouble.  But this happens if the enforcement mechanisms work.


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## cda

JrJr said:


> Yes, designs for the city he works in.  And private projects as well in his county & in other counties.
> Im not aware if hes done it for city projects in other cities.  Given the circumstances I wouldnt be surprised though.




If working in designing for projects in other cities, I would say no problem.

If designing city projects in his ahj, than that city is taking the liability.


If designing private projects in his city,, big problem!!!!


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## JrJr

Yeah I was thinking this AHJ has a conflict of interest in accepting his own drawings without them being sealed and the fact he isnt a licensed design professional.  The fact that he is getting paid to do this by contractors makes it appear there is some sort of deal they have worked out.  My friend can't seem to get the architectural projects since this AHJ undercuts the service by providing it himself to the public at a lower fee.  From my understanding, this is a small town & everyone knows one another.  The public probably goes to this AHJ to get permit drawings knowing that he is the gate keeper to getting any construction done in their area.  I can't believe someone who is supposed to be a public official is so brazen to do this sort of activity.  No one seems to question it.  And he gets some side money for providing this service.


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## JrJr

I'll tell my friend to report this to the state board.  From how he has acted though, he seems concerned that there might be some repercussions from him reporting this.  He says this AHJ feels that other people & AHJs are doing it, so he should be able too....and get paid to do it.


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## cda

When he reports use Mr. Anyomous.

Media always needs a good story and fill.


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## Mark K

The state licensing board could take action against the electrical engineer but may have little authority to discipline the building official.


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## cda

Maybe contact boag and see if they have any pull or suggestions 



http://boagcodes.org/code-of-ethics/


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## ICE

I have witnessed the same dirty dealing.  It is safe to say that there is other nefarious activity that hasn't come to light.


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## JrJr

I appreciate the responses.  I just don't understand how an AHJ feels its ok to do this or allow others to do it.
Basically this is an AHJ playing an architect, then getting an engineer to seal his drawings...and then another AHJ in a neighboring area accepting this practice.  And they all feel others are doing it too, so why not them as well...and make a little money off of it.

There is one issue I havent mentioned, is that my architect friend, this AHJ is a relative of his.  So in essence this AHJ is taking business away from his architect relative & has no issue about it.  I feel bad for my friend that he has to see this happening to him.  He is apprehensive at making a deal out of this.... he can't report him because he risks alienating other family members.    

I had a feeling this activity was wrong & illegal.  I believe that my friend has been lied to by his AHJ relative about the legality of all this.  This AHJ insists that architectural plans don't need an architects seal...and that any other design professional can seal for one.    My friend responses that his relative is 67 yrs old, so maybe he'll retire soon & this will end.  Just sad to fall for this.


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## cda

Let the media investigate it


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## mark handler

It is a Conflict of Interest
you need to contact the Office of the Attorney General


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## JrJr

I might have to report this myself.  I mentioned this to someone else & they told me to mind my own business & its no big deal.  
But I hate to report it since this is my friends relative who is the AHJ.  But he is obviously breaking the law & statutes on professional practice.  I guess he is doing it some side money and/or in an effort of saving the local gov't money so they don't have to hire a real architect.
It just hurts my architect friend, since he is doing everything legal & more in establishing his own architectural practice.
Its sad that this sort of thing happens.  But who is going to believe an AHJ is doing this though.  Maybe that is what he is counting on.


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## cda

Media


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## TheCommish

Here in Massachusetts the ethics commission  would say if it appears to be a conflict stay away from it


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## tmurray

It looks like you actually have three problems.

1. It is a clear conflict of interest.
2. The design professional sealing work is misusing his/her stamp.
3. Municipality accepting work without proper sign off by design professional.

We do some design work in house for municipal projects. We are a two person office, so one acts as the designer and the other as the official. My assistant inspector does some design work for clients in our jurisdiction and I act as the official. I do not work within the jurisdiction as I don't feel comfortable putting her in the position of getting into conflict with me for my design work. Just to be clear, she would be more than competent, but I feel it's unethical for me to put her in this position, so I don't.


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## JrJr

I contacted the GA Building Official Association.
The president wrote me back & said to contact the board  (note, I removed his name below)

"You will need to contact the architects & engineers licensing board to report a violation like this.

------- CBO MCP
Chief Building Official
City of Marietta
President
BOAG


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## khsmith55

Just to "muddy" the water a little bit. I would file two complaints, one against the Engineer for sealing documents not produced under his direct supervision and also sealing documents outside his area of expertise. The second compliant to file is against the gentleman ("AHJ") for the un-licensed practice of architecture. If I were the Municipality I would be scrambling to cover my rear end for permitting/condoning an "employee" to engage in the un-licensed practice of architecture.


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## cda

JrJr said:


> I contacted the GA Building Official Association.
> The president wrote me back & said to contact the board  (note, I removed his name below)
> 
> "You will need to contact the architects & engineers licensing board to report a violation like this.
> 
> ------- CBO MCP
> Chief Building Official
> City of Marietta
> President
> BOAG





I am thinking they have no power over the BO??


Media they always need filler


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