# Required & non-required inspections



## mtlogcabin (Sep 26, 2012)

The various I-Codes require certain inspections. Most AHJ's require more than the minimum

If we require more than the code minimum and then miss some are we creating a potential liability issue for the jurisdiction

Example Section R405 has requirements for Foundation Drainage and Section R406 has requirements for Foundation Waterproofing and Damproofing.

Historically we have not inspected for foundation drainage or waterproofing/damproofing installations. Never been a problem here.

Recently we have had a court case where the builder was sued because of water in the basements and crawspaces in a paticular subdivision.  It was high ground water following utility lines through the clay layers that caused the problem.

Elected officials want us to inspect foundation drainage systems and waterproofing. I believe we might be exposing ourselves to liability issues in the future if we start doing this and then happen to miss a couple and then there is a problem in the future.

Your thoughts please


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## steveray (Sep 26, 2012)

Sure you are......every inspection is a liability if done improperly, but not doing them may also be a liability....

R109.1.5 Other inspections.

In addition to the called inspections above, the building official may make or require any other inspections to ascertain compliance with this code and other laws enforced by the building official.

If we are charged with ensuring compliance, it Shirley requires more inspections than spelled out in the code......

If you don't see it can you really ascertain compliance with the code?


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## Papio Bldg Dept (Sep 26, 2012)

We require waterproofing and termite protection certificates.

IMO, compliance with the codes ultimately falls upon the builder.  If nothing else, get a Cover your Arse boiler plate stamp for reviewed projects.  Even if the inspector misses something, the builder/owner is still responsible for compliance.  In my opinion, the end result is no different than performing an inspection and after the inspector has left, the builder creates a non-compliance condition.  Who stands there and watches the builder backfill every inch of trench.  Who requires trench testing?  There are limits to what we can do.  Set a policy for inspection, develop a checklist, and be consistent.


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## Mark K (Sep 26, 2012)

I cannot see where these additional inspections would significantly increase your liability.  Would suggest that it is the jurisdiction that will have the additional liability.  It is the role of the elected officials to make decisions that balance level of inspection versus liability.

You can only require additional inspections if you have modified your ordinance to include this requirement.  You can visit the site as often as you wish.

Compliance lies with the Owner of the property who engages in a contractual relationship with the Contractor to construct the building.  From the point of view of the jurisdiction it is the owner who is responsible for compliance.


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## BSSTG (Sep 27, 2012)

mtlogcabin said:
			
		

> The various I-Codes require certain inspections. Most AHJ's require more than the minimumIf we require more than the code minimum and then miss some are we creating a potential liability issue for the jurisdiction
> 
> Example Section R405 has requirements for Foundation Drainage and Section R406 has requirements for Foundation Waterproofing and Damproofing.
> 
> ...


Yep. A fellow inspector in another town here in Tx told me how his township of residence got sued, and lost the suit over a specific type of inspection being incorrectly approved (some type of house leveling). The town no longer requires permits or inspections for that type of house leveling. I never heard exact details but found it very interesting. I no longer require permits or do any type of inspection for roof reshingles. Once in awhile the roofers knock the gas flues out and don't fix them. You just can't see all of that on these old structures.

BS


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## codeworks (Sep 27, 2012)

hey, bs, i've been curios about the "foundation leveling" i see here in hill copuntry. we never get drawings ( well, rarley) they are NEVER perpared by a pro, no initial leveling report to show how much the house has allegedly settled, no report after words either. "we look for the last piling and make sure the steel wedges are in place" ok....... now what. no engineer, completely crazy in my view, huh? any input. is this for real, well , maybe but ........


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## cda (Sep 27, 2012)

Papio Bldg Dept said:
			
		

> We require waterproofing and termite protection certificates.  IMO, compliance with the codes ultimately falls upon the builder.  If nothing else, get a Cover your Arse boiler plate stamp for reviewed projects.  Even if the inspector misses something, the builder/owner is still responsible for compliance.  In my opinion, the end result is no different than performing an inspection and after the inspector has left, the builder creates a non-compliance condition.  Who stands there and watches the builder backfill every inch of trench.  Who requires trench testing?  There are limits to what we can do.  Set a policy for inspection, develop a checklist, and be consistent.


Agree

Will someone sue you????  Maybe one day but that is even if you did a 100% inspection and found everything wrong


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## Builder Bob (Sep 27, 2012)

affadavits from the builder may be a good idea in this instance ---- for drainage and water proofing. However, the drainage provisions of the IRC only reguate the sloping of the ground ---- other high water issues may be because of poor site drainage engineering for the development - not your responsibility -


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## BSSTG (Sep 27, 2012)

codeworks said:
			
		

> hey, bs, i've been curios about the "foundation leveling" i see here in hill copuntry. we never get drawings ( well, rarley) they are NEVER perpared by a pro, no initial leveling report to show how much the house has allegedly settled, no report after words either. "we look for the last piling and make sure the steel wedges are in place" ok....... now what. no engineer, completely crazy in my view, huh? any input. is this for real, well , maybe but ........


Greetings

What I've found along the coast and in talking to a number of the leveling contractors is that most places require drawings and most of those are required to have a PE stamp on them. Herein lies the problem as I see it. So you've got drawings showing what's supposed to happen. But you have no way of checking out the actual leveing process to see if it's ok unless you check with a water level or whatever.  You can check hole placement, depth and such but that's about it. What's worse is if its' a pressed pile type of system. How do you know if they are done right.

What spooked me is a couple of months ago in late June (had been dry here a long time at the time) I was called to approve a pressed pile system. I go to the job and the forman told me that he only had to use 3 piles to get to the required pressure. In other words he only pressed the piles down about 5' cause I asked. I'm not a rocket scientist but I know good load bearing soil around here starts at at least 6' down. Heck they didn't even press the piles down to good soil! The next week it started raining and didn't stop for about 2 weeks. I bet that foundation is moving all over the place. By the way, I didn't approve it but the fact is that there is no good way to compel the contractor to go back and make it right. The contractor was out of Houston and his boss called me the next week and asked me if I approved his project. I told him flat out no and why. I documented it and it's in the job file and I'm patiently waiting on the homeowner to call up and complain. It could be interesting if that happens. After going through that and talking to my friend about his deal and hearing other complaints I just refuse to mess with it anymore. Combined with the fact that there is no insurance requirements for contractors here I'm beating my head against the wall sometimes. It just aint worth it.

Soooo I talked to my new boss and told him what was up and he agreed. No more permits for house leveling or reshingling of roofs and no inspections. Too much trouble and liability

later

BS


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## lunatick (Sep 27, 2012)

If the AHJ doesn't want to do it, add it to the list of required third party special inspections.

Given you had an issue in your communiity, you probably could use this litigation to generate a pamphlet of what is the reason for the inspections and why they are of value, etc.

But typically government does a good job of limiting tort exposure against the state.


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## tmurray (Sep 28, 2012)

We do both those inspections here at the same time. They are the easiest inspections we preform.


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