AHJ Interpretation

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Richard A

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In Mikes new book on Limited energy and communications systems, reference is made under section 90.4 That the AHJ is legally responsible to tell you what section of the code is in violation if he/she finds a problem. On what is this based?
 
The AHJ should tell you what the violation is and the section that is violated. 90.4 does not require that this should be done. It should be noted that I don't always agree with Mike but I do believe he is correct most of the time. :smile:
 
Richard A said:
In Mikes new book on Limited energy and communications systems, reference is made under section 90.4 That the AHJ is legally responsible to tell you what section of the code is in violation if he/she finds a problem. On what is this based?
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I think this is based on the concept of due process.
 
Pierre C Belarge said:
I would think that the local jurisdiction that AHJ is working in is responsible for setting up the criteria of how inspections are carried out.
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Perhaps that is why Mike said it that way. Most jurisdictions probably have the criteria set in that manner. :smile:
 
Richard A said:
In Mikes new book on Limited energy and communications systems, reference is made under section 90.4 That the AHJ is legally responsible to tell you what section of the code is in violation if he/she finds a problem. On what is this based?
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If you are not aware of whatever you was turned down for than you should ask for a reference so you can learn. I want turn anyone down unless I can back it up with the code book or local ammendment.
 
ryan_618 said:
I think this is based on the concept of due process.
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I agree, just like the police have to put a citation number on a ticket or in court they have to say what law(s) the accused has broken.
 
The process in Virginia is that Inspectors do not have to give code references unless they are asked for them by the client. However, I know that in Richmond,VA they MUST post a code reference on ANYTHING that goes on the inspection ticket that is a basis for Disapproval of an inspection.

That was my biggest challenge when I came to Richmond was to get all the older guys to write the references down on their tickets without being asked....obviously my phone rang all day to quote them reference numbers for their tickets....but now they are all on the same page and the articles and sections are flying strong.
 
iwire said:
I agree, just like the police have to put a citation number on a ticket or in court they have to say what law(s) the accused has broken.
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I guess we need to start charging court cost and attorney fees.:D
 
radiopet said:
That was my biggest challenge when I came to Richmond was to get all the older guys to write the references down on their tickets without being asked....obviously my phone rang all day to quote them reference numbers for their tickets....but now they are all on the same page and the articles and sections are flying strong.
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Hey, we had to make you feel like you earned your keep, didn't we? ;)
 
In most if not all states, anythng put in writing by an official of a building department becomes public record. (This is includes anything sent via email or recorded in a permit and inspection database.) That also means it can be used as evidence in a board of rules and appeals case, or even a court case.

So as an inspector, it may be wise to keep in your mind that anything you put on that violation notice could end up in the newspapper, in front of a judge, in front of a board of you peers, or worse; some attorney hands looking to ruin your life.

My advise.... Reference the code section everytime and for every violation. Never add commentary or opinion to your violation notice. And most important, make sure your right....
 
bphgravity said:
In most if not all states, anythng put in writing by an official of a building department becomes public record. (This is includes anything sent via email or recorded in a permit and inspection database.) That also means it can be used as evidence in a board of rules and appeals case, or even a court case.

So as an inspector, it may be wise to keep in your mind that anything you put on that violation notice could end up in the newspapper, in front of a judge, in front of a board of you peers, or worse; some attorney hands looking to ruin your life.

My advise.... Reference the code section everytime and for every violation. Never add commentary or opinion to your violation notice. And most important, make sure your right....
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I agree 100%. Create a legal paper trail nothing from your vest pocket!
 
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