ignore the code becuase AHJ is indifferent?

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Upnorth

Member
Location
NH
You build it below the standard it's you companies fault. That is clear!
What most don't get is that there is a unwritten rule that the Licensed installer performing a less than compliant installation is subject to consequences. Nobody says you are forced to do the work!

Send a Certified letter to all demanding a response " A response of Well lets wait to get red tagged on it" is not appropriate. Inspectors do not catch everything nor can they be expected to these days. It is the installers Job to perform a code compliant install regardless of Who is watching. Perform all the work unrelated to the issue until an appropriate answer is provided.
Or be on the hook.

Place in the Certified letter you will not be responsible for compliance if this issue is not resolved properly.
Around here, "The contractor of a building, building component or structure shall be responsible for meeting the minimum requirements of the state building code and state fire code." RSA 153:14.

No "ifs, ands or buts". Contractor shall be responsible. Anyone with a license is also subject to administrative sanctions if they violate the professional standards of their respective licensing board (electrician, engineer). Inspectors may be certified for at least minimal competence but not necessarily licensed.

Failure to conform to applicable standards is typically deemed "evidence of negligence". It may also be deemed negligence for a licensed professional (architect, engineer) to not hire a consultant when a reasonable professional, under similar circumstances, would have done so. Incomplete or ambiguous plans can be a trap for the unwary architect or engineer who authorizes a non-conforming or inferior installation.

"Hello, our contractor's consulting PE has identified something that your designer's PE didn't explain on the plans. We need to talk..."
 

nhfire77

Senior Member
Location
NH
The final outcome of this scenario-. The owner brought the insurance company's fire protection specialist in, after everyone else kept saying basically who cares, but I kept pushing back with - I do, it's my responsibility. Even after the insurance company weighed in they still didn't want to do it because the local inspector told them he didn't care about it. I kept reminding them the state could inspect any time after they have a CO and make them meet the minimum regardless of a mistrake of the local AHJ... And then I could be blamed. Finally, they accepted the change order.
 

mgookin

Senior Member
Location
Fort Myers, FL
The final outcome of this scenario-. The owner brought the insurance company's fire protection specialist in, after everyone else kept saying basically who cares, but I kept pushing back with - I do, it's my responsibility. Even after the insurance company weighed in they still didn't want to do it because the local inspector told them he didn't care about it. I kept reminding them the state could inspect any time after they have a CO and make them meet the minimum regardless of a mistrake of the local AHJ... And then I could be blamed. Finally, they accepted the change order.

Good job in getting it done right. You said it nicer than I would have. I would have said "You know, when there's a fatality and the state fire marshal does his forensic investigation and this violation rears its ugly head and they find out we knew about it, we're all going to prison..."

Knowing and failing to correct is much worse than making a mistake.
 

Mgraw

Senior Member
Location
Opelousas, Louisiana
Occupation
Electrician
I would get it in writing from the electrical inspector to cover yourself, you do not want to be paying that $7-10 grand yourself.

I agree. I would get the AHJ to put it in writing that the changes were not required. The $7-10 grand could be peanuts if someone were to get hurt or die.
 

mwm1752

Senior Member
Location
Aspen, Colo
nhfire77 - way to often the scenrio is reverse, when field inspectors catch an overlook plan check item. The installer will whine about the correction and suggest since it made it thru plan check it no longer applies. Personally, If a mechanic brings up an issue missed there should be no problem with discussion and resolve. Figuring the AJH would be upset is a sad set of circumstances because it should not be about ego's. Certainly you took the correct path in complying with the state. I really do not know enough to make comment on whether the AHJ was responsible to make the call.
 

Upnorth

Member
Location
NH
Even after the insurance company weighed in they still didn't want to do it because the local inspector told them he didn't care about it.

Way to stand your ground!
The local inspector isn't the one responsible for doing it right. The contractor is, and possibly even the property owners.

Not clear why the insurance company would retain someone (a "fire protection specialist", no less) who prefers a non-compliant solution because they "could get away with it" with the local inspector. Test of whether you're responsible for failing to follow the code is an objective determination, with expert testimony (if necessary), which would point out that the inspector was simply wrong, and you'd still be liable.

In a similar vein, I have seen property owners held liable for injuries due to incompetent contractors who "didn't know the code".
 
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