Competing contractor is also the inspector

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BruceH

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One of the biggest electrical contractors in one city I work in is also one of the two electrical inspectors for the city. A customer of mine just got a bid from him and he told her to go with him because he would not charge her for the inspection because he is the inspector. I believe that some customers may assume that this person would be more qualified as well (in the customers mind) due to their title and authority. I find this a bit disturbing as I've now heard he is using this fact in his sales pitch. Anyone else out there have to compete with their local inspector? Obviously there is nothing I can do about this but I'm just curious how others feel about the situation.
 
Re: Competing contractor is also the inspector

Wowser...sounds like the fox in the henhouse to me.
Talk about a conflict of interest.
We have independent inspectors in Kentucky, but they have to divorce themselves from anything to do with the electrical construction world to be able to practice.
That means that you can work at Lowe's/Home Depot selling electrical devices, but you cannot own a contracting business, or even have stock in one. You can work with your tools on a job that is not subject to state inspection, like a powerhouse or a job on a military base.
If your father or son is in the business, you cannot inspect for them.
Your situation has the appearance of graft and corruption... :(
 
Re: Competing contractor is also the inspector

Bruce,
Here in NC,Inspectors have the right to engage in private electrical contracting,outside of there said juridiction.

Practicing electrical contracting within there said juridiction,would be a clear conflict of interest.

153A-355.Conflicts of Interest.
Unless he is the owner of the building,no member of a inspection department may be financially interested in furnishing labor,material,or appliances for the construction,alteration or maintenance of any building within the county's territorial jurisdiction or part of the system thereof,or specifications therefor.No member of any inspection department may engage in any work that is inconsistent with his duties or within the interest of the county.
 
Re: Competing contractor is also the inspector

I would say that is a conflict of intrest, I would also say something should be done,
A customer of mine just got a bid from him and he told her to go with him because he would not charge her for the inspection because he is the inspector.
that would be a place to start, why is Mr. A getting charged for his inspection, while Mrs. B is not :eek: sounds like some one is walking in a cow pasture in the dark and trying to keep his new white shoes clean.
 
Re: Competing contractor is also the inspector

Florida like NC has similar rules for handling this type of situation. I am permitted to perform work as a contractor in any jurisdiction except for the one I work as an inspector, this also includes the county the city is in that I work for.

This also presents some conflicts. I also happen to teach for the local apprenticeship program which enrolls students from the various contractors I inspect. This presents all sorts of problems. And then on top of that, I am a CEU provider for local contractors that I happen to inspect. Needless to say, I feel like I am walking on eggshells at times.

I find this situation that you are in apauling. I would certainly investigate this to its end. I can'r imgine this being permitted anywhere.
 
Re: Competing contractor is also the inspector

What is most disturbing of all is when you play by the rules, and then find an electrical inspector illegally competing against you. The bad apple's always seem to find a mediocre contractor willing to pull the permit for them. I guess that is so he can get his own lousy work passed. Then when you find that these kinds of situations are seceretly condoned all the way to the top levels of the building department, it boils me even worse. I know the level of pay is low for most building inspectors. If they cannot make it on the pay scale they agreed to work for then they shoud resign and go contract. Corrupt public officials are the worst scum on the planet period.
 
Re: Competing contractor is also the inspector

i would take a serious look at the laws on the books because i really connot see any form of gov letting such a blatent conflict of interest take place.
 
Re: Competing contractor is also the inspector

Without a doubt - a conflict of interest(COI).

Here in my own town in NJ, we have 1 EI. His brother is probably the town's most established EC. This EI CANNOT inspect his brother's work (inspection goes to one of the building inspectors).
We also have 2 PIs (Plumbing Inspectors). One of which whom has a brother whom is also one this town's most established PCs; the other PI actually closed up his PC business because of a spectre of conflict - this particular PC/PI just re-opened his PC business...I wonder how that happened? (PI 1 inspects PI 2's PC jobs?) I still view it as a COI.

For you, BruceH, you would probably need to contact someone outside the city (COI again) to investigate this situation. Without knowing what State you do business in, that's about all the insight I can offer.
 
Re: Competing contractor is also the inspector

while i find this situation appalling, i think there are several laws that can be used to stop this person. This is actually rico type influence, but too small to get anybody appalled about it.

I would ask to see the county codes at the library, and i would see if there is a reasonable attornety around (or free legal assisstance for questions at some localized internet site) to ask about this. This is not only appalling, but criminal. from restraint of trade to rico, this is corruption, plain and simple. Use of public office for private gain over the competition is not sort of criminal, it is criminal.

paul :(
 
Re: Competing contractor is also the inspector

I too find this appalling as we have this problem in a couple jurisdictions. In Indiana it is a class D felony to if you are charged with a conflict of interest but the problem is the state hands it to the local prosecutor which wont go against a local government employee, and it gets dropped. :mad:
 
Re: Competing contractor is also the inspector

Thanks for the replies. He is also one of the most established and known contractors in the area. There is nepitism and such rampant in this particular citys building department. I always knew this existed in this city but when I heard the story about the sales pitch he presented to one of my customers I got a little perturbed. I wonder if he also bad mouths certain ec's during his sales pitch as well, as he is the one who would be inspecting their installations, possibly on jobs he lost to them. I'll look into some of the suggestions presented here but obviously will proceed with extreme discreetness and caution as I wouldn't want to be on the receiving end of his wrath. I certainly agree this is a conflict of interest but honestly I'm unsure if I will pursue it at this time, just wanted some opinions on the matter.
 
Re: Competing contractor is also the inspector

Things are a bit cleaner up north. State law is very clear that anyone working as an electrical inspector for any AHJ "shall not otherwise engage or be employed in the sale, installing, altering, or repairing of electrical wiring, apparatus, or equipment for light, heat, power, and other purposes and shall have no financial interest in any concern engaged in any such business." So you can either be an AHJ inspector or an EC (or work for one), but you can't do both.

It doesn't say anything about situations where the EC is the EI's brother, though, but I suppose it would be tough to legislate against every kind of possible "fraternization" problem that might be encountered.

Strangely enough, I have a job next week where I have to inspect a house and sign off on it as being safe/compliant, but I'm an EC. That city has an ordinance that requires an EC to sign off on a house if the truth-in-housing inspector finds anything in the electrical system that raises his eyebrows. So I sign the form and submit it to the AHJ, but I'm not an AHJ inspector. I wonder why they do it this way, especially since that city does have its own electrical inspectors.

[ October 30, 2005, 07:12 PM: Message edited by: jeff43222 ]
 
Re: Competing contractor is also the inspector

because they don't want to sign off on it for liability purposes. you sign off on it, you're liable to some degree.

paul
 
Re: Competing contractor is also the inspector

I could see that argument, but when I do a job in that city, the city inspector comes out and signs off on my work, so wouldn't the city have a similar liability in that case? Seems to me that it would be the same either way -- the inspector is signing off on work done by someone else.
 
Re: Competing contractor is also the inspector

Start by talking to the state attourneys office.If its not illegal there it should be.No way would i allow him to get away with this. :mad:
 
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