# Code Enforcement



## RJJ (Nov 5, 2013)

This is a sticky subject and need some feed back on how you would handle this issue. I have a so called Fire Marshall who in PA has no Certification and he really does not know the code at all. As BCO it is my responsibility to administer the code not only the I codes, but the PA UCC. About a year and a half ago he failed to pass any ICC test and decided to retire. I found out today he just did a building inspection and charge a rather large fee. This has been discussed in the past that he is not permitted to do any of this yet he continues. How would you handle this.


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## Kearney.200 (Nov 5, 2013)

do you have a ordnance you can site him under?


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## ICE (Nov 5, 2013)

What stops someone from paying him whatever amount to inspect their property?


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## steveray (Nov 5, 2013)

ICE said:
			
		

> What stops someone from paying him whatever amount to inspect their property?


Whatever the market will bear......that is how capitalism works....DUH....


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## mtlogcabin (Nov 5, 2013)

> he is not permitted to do any of this yet he continues


What law/ordinance states this and who is responsible for enforcing it?


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## cda (Nov 5, 2013)

I guess what type of building inspection???

new construction/ remodel

annual inspection

fire safety inspection

other??

I guess the owner gets what he  paid for.

Was it in your AHJ    ????


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## fatboy (Nov 6, 2013)

Is there an ordinance that prohibits inspecting without a recognized certification?


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## McShan (Nov 6, 2013)

If you issue the C.O the third party is essentially an inspector that reports to you, if his work and or qualifications are inferior it does not have to be accepted. IMO


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## RJJ (Nov 6, 2013)

State Law does not permit him to do building inspections. The local ordinance to opt in for UCC enforcement is the adoption of the state regulations. This has been an issue in the past and this particular individual was told he can not perform building inspections. Now once again it has come to my attention and it is a problem. I don't believe any of us work on we make up codes as we see fit or ignore. At the same time we don't make up inspection fees we normally work from an approved fee schedule.

As BCO it is part of my job to see that the UCC is administered properly with certified inspectors to preform tasks assigned.


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## Sifu (Nov 6, 2013)

If considered a "home inspection", would it fall under whatever state laws regulate that license?

If considered a "building inspection", where is the definition for that and wouldn't it simply be up to a particular AHJ to accept or reject it, based on whatever laws or policies exist concerning 3rd party inspections (assuming he has no certs and has not been set up to do 3rd party inspections that would be an easy decision).  If it is not a legitimate "building inspection" that is acceptable to the AHJ and he is presenting it that way, it sounds like a legal matter of him mis-representing his services to the client.

If considered a "consult", and it is presented as nothing more than that, I am not sure a problem exists.  I have "consulted" with building owners before with the disclaimer that what I say is for their informational purposes only and that it carries no official weight.

I am not sure what would prevent me from going to any location anywhere and offering "advice".  If I present that advice as carrying the weight of a regulatory agency I would be commiting fraud.  Is there a mechanism in PA for that?


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## cda (Nov 6, 2013)

RJJ said:
			
		

> State Law does not permit him to do building inspections. The local ordinance to opt in for UCC enforcement is the adoption of the state regulations. This has been an issue in the past and this particular individual was told he can not perform building inspections. Now once again it has come to my attention and it is a problem. I don't believe any of us work on we make up codes as we see fit or ignore. At the same time we don't make up inspection fees we normally work from an approved fee schedule.As BCO it is part of my job to see that the UCC is administered properly with certified inspectors to preform tasks assigned.


So what kund of inspection is he doing?????     Did he leave any paperwork that you can get a copy of???

I guess what type of building inspection???

new construction/ remodel

annual inspection

fire safety inspection

other??

I guess the owner gets what he paid for.

Was it in your AHJ ????


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## RJJ (Nov 6, 2013)

He is preforming fire inspections! Chemical Plant. In this community they are a Borough. One of several I handle.

Yes he did turn in paper work representing the town. That is how I found out about it.


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## Jobsaver (Nov 6, 2013)

I think you will want to look at state or local laws that may or may not require credentials or licenses for the type of inspections performed. In my state, anyone may start inspecting within a given municipality, county, or the state once authorized by that government entity; They may be hired either on an employee or subcontract basis.


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## tmurray (Nov 6, 2013)

RJJ said:
			
		

> He is preforming fire inspections! Chemical Plant. In this community they are a Borough. One of several I handle.Yes he did turn in paper work representing the town. That is how I found out about it.


It sounds like you should report this individual to the authorities for fraud.


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## cda (Nov 6, 2013)

RJJ said:
			
		

> He is preforming fire inspections! Chemical Plant. In this community they are a Borough. One of several I handle.Yes he did turn in paper work representing the town. That is how I found out about it.


Hate to keep asking

If he did an annual/safety inspection, no remodel or construction

Do you do the same inspection??

Is he maybe a volunteer firefighter for that city or maybe even paid?


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## ICE (Nov 6, 2013)

RJJ said:
			
		

> He is preforming fire inspections! Chemical Plant. In this community they are a Borough. One of several I handle.Yes he did turn in paper work representing the town. That is how I found out about it.


Well that's not good.  How about ignoring him.  Tell the chemical plant that the paperwork that they have is not valid and let them pursue whatever remedy is available.  It would be up to the victim to claim fraud.


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## RJJ (Nov 6, 2013)

He is a volunteer. No a fire fighter. The bi annual inspections have already been done with all corrections done and complete.


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## Keystone (Nov 6, 2013)

It seems like an ordinance issue not regulated by the UCC.

If regulated by the UCC by amendment, site him down and let him know you must report this to Pa. Labor & Industry to protect yourself and your future as an inspector let alone a BCO. Follow through with the complaint.

If its an ordinance unregulated by amended UCC then its a municipal matter that should be dealt with by those officials during an executive session.

So far in as the volunteer status, the municipality may want to confirm his status and actions are serving the municipality in its best interest, it may better serve the municipality to specify how this should be handled  through council and solicitor.


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## Kearney.200 (Nov 6, 2013)

wright him into court let the judge handle it


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## cda (Nov 6, 2013)

Kearney.200 said:
			
		

> wright him into court let the judge handle it


And the violation?

Impersonating a building official, while  impersonating a firefighter, while impersonating a fire inspector ???

Don't think there is enough space on the ticket book line


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## mtlogcabin (Nov 6, 2013)

> Yes he did turn in paper work representing the town.


If he is representing the town then inform the towns attorney he does not meet the requirements and let him/her deal with it.


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## RJJ (Nov 6, 2013)

MT that is what I am thinking.


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## Mark K (Nov 6, 2013)

If he is rendering an opinion as to compliance of the building or an interpretation of the code, and is not associated with the town, he may be practicing engineering or architecture without a license.

If the Town files an accusation of fraud it should get his attention.

The existence of or lack of a certification is not relevant to the discussion unless something in state law gives the holder of such certification certain rights.


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