Jurisdiction refuses to inspect job

[ChillSparky]

Without writing a complete novel of the situation, I wanted to ask a question regarding a jurisdiction refusing to perform an inspection on a job where a permit was approved and paid for. This case is in the state of Colorado.

A quick summary:

We are an EC that took over where the previous EC dropped the ball. The customer's TCO ran out at the end of September. He has occupied the building since, and this was because the inspector told us that as long as the project kept moving it would not be an issue. The final inspection that was called in September failed miserably due to the one-line not matching the as-built. We had the EE draw up the design as-built, of course that was rejected. So there was another revision showing the necessary corrections. A permit was pulled to the tune of $800+ in the beginning of January. 1 Week later the jurisdiction called the business owner to arrange a meeting regarding the expired TCO, we all met the following day. That resulted in a larger meeting with more "powers-that-be". Prior to the meeting it was disclosed to the owners lawyer that the city would refuse to inspect the work that was performed under the permit. I confirmed at the meeting, when I stated that we would be ready for a Monday inspection, and I stated that I would still call it in for then. The inspector called me this morning to let me know his chief, the one who informed me, told him that he was not to inspect the job.

On what ground is this permitted? I understand the owner may have an issue with a TCO or CO, but why would the city refuse to inspect a permitted job other than they have something personal against the building owner? Also, I have heard that, or at least here in Colorado, that if you call in an inspection for a permitted job, the jurisdiction has 48 business hours to complete the inspection, barring extenuating circumstances, i.e. weather, travel time ect.

Please let me know what you guys think! Thanks!

 

[petersonra]

This seems more like a legal question than a code forum question. IMO, the owner's lawyer needs to deal with this.

 

[iwire]

This seems more like a legal question than a code forum question. IMO, the owner's lawyer needs to deal with this.

I agree.

 

[ChillSparky]

I would agree as well, but I am wondering if any others have experience in this sort of issue. Being it does deal with AHJ, I thought I would ask on this forum. It is an interesting job, so to speak..

 

[augie47]

I obviously can't speak to the legality of such a move but I have seen in neighboring jurisdictions that the Chief Building Official put a HOLD on all inspections pending resolution of a problem with plans, etc.

 

[69gp]

Without writing a complete novel of the situation, I wanted to ask a question regarding a jurisdiction refusing to perform an inspection on a job where a permit was approved and paid for. This case is in the state of Colorado.

A quick summary:

We are an EC that took over where the previous EC dropped the ball. The customer's TCO ran out at the end of September. He has occupied the building since, and this was because the inspector told us that as long as the project kept moving it would not be an issue. The final inspection that was called in September failed miserably due to the one-line not matching the as-built. We had the EE draw up the design as-built, of course that was rejected. So there was another revision showing the necessary corrections. A permit was pulled to the tune of $800+ in the beginning of January. 1 Week later the jurisdiction called the business owner to arrange a meeting regarding the expired TCO, we all met the following day. That resulted in a larger meeting with more "powers-that-be". Prior to the meeting it was disclosed to the owners lawyer that the city would refuse to inspect the work that was performed under the permit. I confirmed at the meeting, when I stated that we would be ready for a Monday inspection, and I stated that I would still call it in for then. The inspector called me this morning to let me know his chief, the one who informed me, told him that he was not to inspect the job.

On what ground is this permitted? I understand the owner may have an issue with a TCO or CO, but why would the city refuse to inspect a permitted job other than they have something personal against the building owner? Also, I have heard that, or at least here in Colorado, that if you call in an inspection for a permitted job, the jurisdiction has 48 business hours to complete the inspection, barring extenuating circumstances, i.e. weather, travel time ect.

Please let me know what you guys think! Thanks!

Are they rejecting your work?

 

[sii]

What are CO, TCO?

 

[iwire]

What are CO, TCO?

Certificate of Occupancy

Temporary Certificate of Occupancy.

One or the other is needed before the building is open for use.

 

[Smart $]

What are CO, TCO?

I'm guessing certificate of occupancy and a temporary...?

EDIT: seems like I'm a minute behind Bob today

 

[iwire]

EDIT: seems like I'm a minute behind Bob today

I am snowed in and very bored. :roll:

 

[69gp]

I am snowed in and very bored. :roll:

keep replying to post today. you might break 50k posts. or grab a shovel and head outside

 

[iwire]

keep replying to post today. you might break 50k posts. or grab a shovel and head outside

LOL, I since that post and this one I went outside and shoveled the plow pile at the end of my driveway.

 

[__dan]

There may be something going on between the town and the owner that the owner knows about. That would be the first question, to the owner, if he wants you to go to the Town Hall and try to figure this out for him or if he specifically says for you to *not* go down to the Town Hall.

If the owner approves, about the only right you have is the right to have the Town cite their code reference and you have to ask for that and not much else. This is where you want to listen and observe if the Town gives you a code cite from a well used reference or if there's any bluff and BS like saying 'you have to dot your 'i's and cross your 't's.'

Once you get some code cites you would be able to pursue the path you want, which is to go through, around, or over their obstacles.

If it starts to stink like intimidation, local politics, butt kissing, tribal loyalty / bribery, it may be just me but I would be pretty quick to start citing my own code references.

Chances are the chief BO knows exactly what code cite he's looking at. When you ask him for that code reference, the answer should come pretty quick.

One of your questions was, under what right may the BO refuse to inspect. The cite I'm thinking of, under the State law where he gets his authority, there may also be a code or regulation stating 'local BO to enforce the law', which would be a cite if you feel he is not carrying out his duties.

Your only hope would be to keep it to the code citations. Read whatever he cites.

 

[cowboyjwc]

Could be that it's gone on too long and is now a "case" or has been turned over to Code Enforcement.

 

[Fulthrotl]

Could be that it's gone on too long and is now a "case" or has been turned over to Code Enforcement.

yeah, there's a back story on this that makes it make sense, that we don't have, and the OP
probably doesn't have, and the property owner may not have.

i've got a good one on the poco planner on one of my jobs, but i'll save it.
he's retiring in three months, and i'm not done with the project yet. :happysad:

 

[mwm1752]

Without writing a complete novel of the situation, I wanted to ask a question regarding a jurisdiction refusing to perform an inspection on a job where a permit was approved and paid for. This case is in the state of Colorado.

A quick summary:

We are an EC that took over where the previous EC dropped the ball. The customer's TCO ran out at the end of September. He has occupied the building since, and this was because the inspector told us that as long as the project kept moving it would not be an issue. The final inspection that was called in September failed miserably due to the one-line not matching the as-built. We had the EE draw up the design as-built, of course that was rejected. So there was another revision showing the necessary corrections. A permit was pulled to the tune of $800+ in the beginning of January. 1 Week later the jurisdiction called the business owner to arrange a meeting regarding the expired TCO, we all met the following day. That resulted in a larger meeting with more "powers-that-be". Prior to the meeting it was disclosed to the owners lawyer that the city would refuse to inspect the work that was performed under the permit. I confirmed at the meeting, when I stated that we would be ready for a Monday inspection, and I stated that I would still call it in for then. The inspector called me this morning to let me know his chief, the one who informed me, told him that he was not to inspect the job.

On what ground is this permitted? I understand the owner may have an issue with a TCO or CO, but why would the city refuse to inspect a permitted job other than they have something personal against the building owner? Also, I have heard that, or at least here in Colorado, that if you call in an inspection for a permitted job, the jurisdiction has 48 business hours to complete the inspection, barring extenuating circumstances, i.e. weather, travel time ect.

Please let me know what you guys think! Thanks!

First of all you have not confirmed the building type. I do not know of any inspectors that would approve anyone occupying a building without proper documentation let alone a verbal confirmation(bad protocol). The fact that this owner has let the TCO expire leaves room for questioning honorable intent of completing the project. TCO's are now not allowed in this juristiction due IMO to lack of cooperation from owner/builders/contractors.
Whom did you pull your permit through? The state would most likely inspect, sounds like it is a local goverment deal.
Why do you need a 1 line? Must be a major service or did you move it without zoning permission?
What does thid really mean? We had the EE draw up the design as-built, of course that was rejected. sounds Bias
What was the reason the other EC left usually this spells trouble for the next guy and has work been covered up (of course not your fault) ?
If indeed this is due to the owners lack of responses then your beef is with the owner not the city IMO. You have been informed of no inspections properly. Get your money from the owner, If the owner is straight up it should be no problem (there's your sign).
You might have an arguement with the 48 hours but I would console the state & see if the City mandates the same rules.
All in all it appears the city has been more than cooperative with this owner prior to your involvement but this is an assumption by the infor you have given. For them to issue a permit is another sign of cooperation which has been given. There may have not been an issue if the plans were not deviated from but I cannot say that as fact.

As you can see so many questions

 

[haskindm]

Was the original electrician legally removed from the job? In our area the electric board must take action to remove the original "electrician of record" from the job. This prevents the owner from getting another electrician to finish a job just because he doesn't want to pay the original electrician for their work. That may be part of the hangup.