AHJ Modification of Final Inspection

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Natfuelbilll

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What is the process called where an AHJ might modify a final inspection.

Is a contractor obligated to make those modifications if required by the AHJ? For how long?

Is this a crazy Post?
 
1. Modify how?
2. The contractor is obligated to follow the rules/laws where he works. These vary greatly across the country. He is obligated to do this as long as the rules/laws remain in effect.
3. Yes.
 
I'm not sure I understand your situation. Are you saying that an Inspector performed a "final inspection," declared the installation to be acceptable, signed the form, then went back to the office and did some re-thinking, concluded that some aspect of the installation did not meet code (perhaps because the inspector had a change of mind as to what the code meant), and is now trying to make you perform some corrective action?
 
charlie b said:
I'm not sure I understand your situation. Are you saying that an Inspector performed a "final inspection," declared the installation to be acceptable, signed the form, then went back to the office and did some re-thinking, concluded that some aspect of the installation did not meet code (perhaps because the inspector had a change of mind as to what the code meant), and is now trying to make you perform some corrective action?
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Your sequence sums up what may happen. It is at the re-thinking stage.
 
natfuelbill said:
Your sequence sums up what may happen. It is at the re-thinking stage.
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I think that you are required to meet code. IMO, if the inspector happens to miss something you did wrong, it does not relieve you of your responsibility to make it right.

I would be willing to bet this kind of situation is specifically covered in the rules for your jurisdiction.
 
From an inspector's point of view: There have been a couple of times when a final inspection was performed by a part-time inspector that covers for me when I am gone and he signed off on it. Before we issued the Certificate of Occupancy, I happened to be on the job and discovered an item that was missed by the other inspector, or that was changed or modified after the final inspection was performed, and I have required the correction before the certificate of occupancy was issued.

We inspectors are not perfect. (I know, that's hard to believe.) We do miss things or misinterpret things from time to time. This does not relieve the EC from the obligation to make the installation code compliant when we discover our error.
 
The second question of "For how long?" remains.

Apparently then the local laws will rule.

So to continue this topic, we will have to either learn what all the local laws are (a collective "yuck" just came over my PC speakers), or perhaps those of you who know the laws in the areas where you work can dive in.

For how long does the AHJ's power to modify an inspection continue? Indefinatly? Forever? Until the contractor closes up shop? Until the project owner sells? Until the local laws are retracted, or replaced? Until the Certificate of Occupancy is issued?

Is the authority a function of a "teir" system with the AHJ's house? jshaw's examples dealt with multiple inspectors....

Or can the C of O be modified too?

I can see it now, a new "Mike Holt's Code Forum > Legal"
 
Natfuelbilll said:
For how long does the AHJ's power to modify an inspection continue? . . . Until the Certificate of Occupancy is issued?
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That's how I see it.

Think of it this way. Consider a house that has been occupied for ten years by the same family. They have not had any electrical work done in all that time. Does an Inspector have a right to knock on the door, conduct an inspection, discover a code violation or two, and write something (who knows what kind of document that would be) that essentially commands the homeowner to fix the problems? No. Clearly not. There is something in our nation's rule book about searches and seizures.

So with regard to a new house, once the C-of-O is issued, the house becomes essentially out of the jurisdiction of any inspector.
 
Natfuelbilll said:
Until the Certificate of Occupancy is issued?
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I think that is a reasonable assumption.

However lets not lose sight of the fact that the EC is responsible indefinitely for any code violations they may have created.

The CO does not release the EC of any liability.
 
Are you talking about a clear Code violation or a difference of opinion with an electrical inspector. The inspector is not the AHJ, he works for the AHJ. He has a Boss. If it's just a difference of opinion the first place to turn is to the head electrical inspector and get a ruling from him/her. If this ruling doesn't satisfy you then you can take it to the state board. If it really is a Code violation then be glad that the inspector caught it , fix it and get on with bigger and better things.
 
charlie b said:
That's how I see it.

Think of it this way. Consider a house that has been occupied for ten years by the same family. They have not had any electrical work done in all that time. Does an Inspector have a right to knock on the door, conduct an inspection, discover a code violation or two, and write something (who knows what kind of document that would be) that essentially commands the homeowner to fix the problems? No. Clearly not. There is something in our nation's rule book about searches and seizures.

So with regard to a new house, once the C-of-O is issued, the house becomes essentially out of the jurisdiction of any inspector.
Click to expand...

Charlie I don't think you are correct here. I know in Illinois inspectors and law enforcement are required to watch for code violations, the AHJ will issue a citation requiring the property be brought up to code within a certain time-frame and then if not in compliance will hold a court hearing and impose fines etc. This applies to everything from electrical codes to keeping your grass mowed and property clear of debris. Remember the NEC is really a NFPA fire safety code. I have done jobs where home owners have handed me citations and asked me to fix the problem described... usually things like loose service drops, laterals, bad grounds or broken outdoor fixtures, but occasionally it has been for indoor items. Unfortunately anything that is more than a very minor repair requires a permit, which means anything else also has to be brought up to code (unless grandfathered in).
(Chicago Code actually spells out fines, police enforcement, etc)

On a similar note I once upgraded a 60A overhead service to 200A underground. It passed inspection no problem. 2 years later home owner applied for permits and built an addition. New inspector failed the addition electric claiming bonding bushings were required on RMC between meter and panel (even though it has a #2 EGC inside and was existing inspected service)
(I installed bonding bushings because it just seemed easier than dealing with him)
 
I presume that that function of a C of O, or final inspection, is to protect the customer and society, and certifies that the project is complete. This Modification topic kind of flies in the face of that credibility. Are there any municipal folks, or attornies, who can chime in?





This is getting off the topic, but should add to this good discussion.

What if the contract/agreement between the customer and you, the "smart" contractor, had words to protect the contractor from incurring costs due to a Modified Inspection, where the costs would become the customers responsibility. The contractor would make the "corrections", but would receive an extra.

Or vice versa, if you are the "smart" customer....
 
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sure can

sure can

AHJ building official can if he or she wishes to grant a "Modification" of a code "gray area" requirement. Inspectors do not have that authority only the B.O and that is usually for some one and not against them and does not alter a non disputable plain as day in your face code or safety requirement in anyway.. and this is totaly up to your building official in your area, he doesn't have to give any body anything.

Also, in our state (Va) we have what we call a discovery period and that is 5 years for footings foundations and slabs, we have one year for "discovery" for the other code violations. So as you can see we don't go by the builders 1 year warranty.
CS
 
Acutally growler and crazy you are incorrect to a point. The inspector is the AHJ, every inspector is a Deputy Building Official.

Now only the BO can approve "alternate methods of construction".

We also have an appeals board, but for some reason most of the calls go straight to the Mayor.

Look at Article 80 of the NEC. AUTHORITY HAVING JURISDICTION-The organization, office, or individual responsible for approving equipment, materials, an istallation, or a procedure

80.13(3) The authority having jurisdiction shall be permitted to delegate to other qualified individuals such powers as necessary for the proper administration and enforcement of this code.

and as to what Charlie said read the rest of 80.13 and it does give you the right of entry with some rules attached of course.

And since I got beat up the last time we discussed legal issues I will throw in the disclaimer that it is different from state to state and possibly from city to city as you do not have to adopt Article 80.
 
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