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TRANSCRIPT
“FOUR PHASES OF”
PUBLIC SAFETY
IN THE
BUILT ENVIRONMENT
ROLE OF THE
BUILDING SAFETY OFFICIAL
(HAND OUT)
(ATTENDEES SHOULD ALSO BE PREPARED TO TAKE NOTES)
Those Attending This Training Session In Atlantic City
Or Other Locations Presented By The Author Are Free To Use This
Material At The Local Level To Promote Their Role In Public Safety
By Creating A Greater Public Awareness And Understanding Of The
Significant Role Building Safety Officials Play In Building Code
Enforcement
ALL OTHER USE OF THIS PROGRAM, POWER POINT
OR MATERIAL CONTAINED IN THIS PRESENTATION IS STRICTLY
PROHIBITED WITHOUT THE EXPRESS WRITTEN CONSENT OF THE
AUTHOR
~ NOTICE ~
MATERIAL REFERENCED
Building Department Administration 3rd
Edition
ICC-Codes Chapter One-Administration
Legal Aspects of Building Code Administration
• Presenter/Author
Robert (Bob) Camacho
~ Inspector Of Buildings/Building Commissioner ~
Boxford Massachusetts
C.B.O.
Attitudes Toward Building
Regulations
1. Many people do not assign a value to
building code regulations
2. Highly Technical, Complex & Sometimes
Obscure Role Of The Building Safety
Official
3. We As Building Safety Officials Are Not
Public Relation Specialists
Session Objectives
1. Establish Level “Playing Field” With
Those Attending
2. Translate Our Role As Building Safety
Officials Into Everyday Language
3. Identify / Address Impediments
Primary Goals
Define Our Role As
Building Safety Officials
Create A Greater Awareness
And Understanding
Four Phases
Of
Public Safety
In
The Built Environment
Phase One
“Building Permit”
Phase Two
“Construction”
Phase Three
“Maintenance”
Phase Four
“Incident ~ Disaster ~ Recovery”
Level Playing Field
~ PUBLIC SAFETY ~
IN THE “BUILT ENVIRONMENT”
IS A SHARED RESPONSIBILITY
AND A JOINT EFFORT COORDINATED
BY THE
“BUILDING SAFETY OFFICIAL”
UNDERSTAFFED
DEPARTMENTS
OF
BUILDING SAFETY
The Demands
Placed On A Department of
Building Safety
Exceeds
The Resources Available?
What Happens When
1. Purpose of Controls
2. Department Of Building
Safety
3. Building Official
“PURPOSE OF CONTROLS”
1. Intent of Codes
a. Establish Minimum Standards
b. Standards That Are
Practical & Reasonable
2. Authority To Enforce
a. Municipal Departments
b. Department of Building Safety
c. Interaction Between Departments
“PURPOSE OF CONTROLS”
3. Scope of “Building Codes”
Reduce Risk To Human Life
Occupied & Vacant Buildings/Structures
Make Provisions For Dilapidated &
Dangerous Buildings
Monitor Public Ways Adjacent To
Buildings & Structures
“Ultimately Building Codes”
1. Address Public Safety-By Creating &
Maintaining Safer Sustainable Buildings &
Structures
2. Leads To Economic Stability
3. Fosters Economic Growth
4. Creates Health & Well Being In Neighborhoods
and Communities
1. Purpose of Controls
2. Department Of Building
Safety
3. Building Official
Dynamics
“Departments of Building Safety”
Are NOT Like
Nor Do They Function
Like Any Other
Municipal Department
“Everything That Comes Into A
Department of Building Safety Is…..
1. Time Sensitive
2. A Priority
3. Priorities “Shift” Instantly
4. Addressed:
Followed Up
Followed Through
Documented
1. Enforces The Locally Adopted Codes
2. Issues Building Permits
3. Conducts Inspections
4. Issues Certificates Occupancy
5. Addresses Complaints / Violations
6. Assess Fines & Penalties / Court Action
7. Track & Document ALL Activities
8. Maintain Public Records
Department of Building Safety Overview
Four Basic Components
1. SUPPORT- From the Bottom Up & the
Top Down
2. Funding/Budget
3. Adequately Staffed With Trained
Professionals
4. Professional Office & Environment
Four Basic Functions / Positions
1. Clerical
a) Secretary/Administrative Assistant
2. Process Building Permit Applications
a) Plans Examiner
3. Field Work- Inspections / Complaints
a) Field Work-Local Inspector
4. Administrative Duties
a) Building Commissioner/Inspector of
Buildings
Miscellaneous Functions
1. Interviews
2. Complaints
3. Scheduling Inspections
4. Other Department Functions-Varies
a) Plumbing/Gas
b) Electrical
c) Weights & Measures
~ POLICIES ~ PROCEDURES ~
Department of Building Safety
1. Glue
2. Challenged
3. Public Relations
1. Building Permit Applications
2. Working With Other Municipal Departments
3. Conducting Inspections
4. Issuing Certificates of Occupancy
5. Addressing Complaints / Violations
6. Documenting
POLICIES & PROCEDURES
1. Policy & Procedure – Important
a) Defines Who We Are
b) Conveys a Sense of Organization
c) Adds To Our Credibility
d) Good Public Relations
“Summary On P & P”
1. Purpose of Controls
2. Department Of Building
Safety
3. Building Official
Must Absolutely BE SURE ABOUT Two
Things
1. Where Your Jurisdictional
RESPONSIBILITY Begins & Ends
2. Where Your Jurisdictional
AUTHORITY Begins & Ends
“BUILDING SAFETY OFFICIAL”
• Responsibility – (Public Safety)
A. Enforcement - Locally Adopted CODE
B. Follow - Department’s Policy & Procedure
• Accountability - Documentation
A. Confirming Compliance
B. Addresses Non-compliance – Complaints
• Liability-
A. Acting In Good Faith And Without Malice
B. Holding Others Accountable For Compliance
C. Follow P & P
“BUILDING SAFETY OFFICIAL”
• Malfeasance - Knew it was wrong and
did it anyway.
• Misfeasance - Took the appropriate
action but an error occurred.
• Nonfeasance - Aware But Did Not Act.
“BUILDING SAFETY OFFICIAL”
“BUILDING PERMIT”
(PHASE ONE)
APPLICATION / ASSESSMENT &
PLAN REVIEW
New Construction
Renovations & Change of Use
“MITIGATION”
…. “ANY SUSTAINED ACTION TAKEN TO
REDUCE OR ELIMINATE LONG-TERM
RISK TO HUMAN LIFE AND PROPERTY,
FROM A HAZARD EVENT”
PHASE ONE
BUILDING PERMIT
The Process Makes A
Building Safety Official
“THE FIRST PREVENTER”
When Addressing Public Safety
In The Built Environment
PHASE ONE
BUILDING PERMIT
Formal Procedure Used To Enforce
The Adopted Building Codes
To Create Safer Sustainable
Buildings
Four Basic Components
Four Basic Components
1. Application
2. Project Assessment
3. Plan Review
4. Issue The Building Permit
1. REVIEWS APPLICATION
2. PROJECT ASSESSMENT
PHASE ONE -BUILDING PERMIT
Coordinated By Building Official
1. Zoning 8. Electrical
2. Fire Department 9. Plumbing
3. Planning Department 10. Gas
4. Engineering Dept. 11. Public Works
5. Conservation 12. Police Depart.
6. Health Department 13. Environmental
7. Historic 14. Tax Collector
DEPENDS ON THE SCOPE OF WORK / LOCATION
1. REVIEWS APPLICATION
2. PROJECT ASSESSMENT
3. CONDUCTS PLAN REVIEW
a) “USE” OF THE BUILDING/STRUCTURE
b) STRUCTURAL
c) NON-STRUCTURAL
d) FIRE PROTECTION
e) & OTHER LIFE SAFETY COMPONENTS
PHASE ONE -BUILDING PERMIT
Looking At Building’s Systems & The
System Components
Foundations
Framing
Heating
Water
Waste Disposal
Energy
Fire Protection
THREE BASIC REASONS
WHY WE LOOK AT BUILDING SYSTEMS
1. Systems Are Compatible
2. Function For The Purpose Intended
3. Do Not FAIL “Prematurely”
PREMATURE FAILURE
FIVE REASONS WHY
Buildings
Building Systems
System Components
FAIL PREMATURELY
1. Wrong Design
2. Inappropriate Materials
3. Bad Workmanship
4. Lack of Maintenance
5. Incident / Disaster
A. NATURAL OR
B. MAN MADE
1. REVIEWS APPLICATION
2. PROJECT ASSESSMENT
3. CONDUCTS PLAN REVIEW
4. ISSUE THE “BUILDING PERMIT”
PHASE ONE -BUILDING PERMIT
“CONSTRUCTION”
(PHASE TWO)
INSPECTIONS COMPLIANCE
Design ~ Materials ~ Installation
- Conducts Progress Inspections
(Jurisdiction)
- Collects Affidavits Of Compliance
- Collects & Reviews 3rd
Party/Special
Inspections
- Coordinates Approvals By Other
Municipal Departments/Permit Granting
Authorities
- Attend Periodic Construction Meetings
- Monitor Safeguards During
Construction
Verifying Compliance
Addressing Complaints
Head Off A Potential Problem –
(Proactive)
Building Official Must Confirm The
Project Is in Full Compliance Before a
Certificate of Occupancy Is Issued
- All Construction Disciplines
- All Municipal Departments
- Other Boards or Permit Granting
Authorities
- Local, County & or State Approvals
What Do you Do
When The Scope Of Work
Changes During Construction?
1. Notified
2. Not Notified
SITUATION #2
~ EXAMPLE ~ DISCUSSION ~ QUESTION
~
“MAINTENANCE”
(Phase Three)
Periodic Inspections
Complaints & Violations
• Fourth Reason Why Structures
• Fail Prematurely
Three Important Aspects
To Maintenance
Phase Three
1. Mandatory Periodic Safety
Inspections?
2. Maintenance/Safety During
Renovations & Construction!
3. Violations / Complaints
1. Building Owner – Primary
2. Contractor
3. Tenant
4. Property Management
WHO IS RESPONSIBLE FOR
BUILDING MAINTENANCE?
VIOLATIONS USUALLY OCCUR
HERE IN PHASE THREE
1. Uncovered by:
a) Neighbor-Hat-Fields & McCoy
b) If There Is An Incident
c) By Another Municipal Department
d) Periodic Inspections
e) Happen-stance
ILLEGAL
CONSTRUCTION
OR ILLEGAL
CHANGE OF USE
HAS
CONSEQUENCES
1. Potential Of Creating Life Safety Issue
2. Endangers Emergency & First
Responders
3. High Risk Of Problems For Property
Owner
4. Fines & Penalties/Court/Jail Time
5. Incident / Disaster - Insurance
6. Interfere Or Prohibit A Refinance Or
Sale
Illegal Construction Or Illegal Change Of Use
Cont.
7. Put Adjacent Properties At Risk-Public
Safety
8. Negative Impact On The Neighborhood
9. Warranties & Workmanship
10. Possible Litigation
11. Feeds The Underground Economy
12. Criminal Violation
13. Tied Into “Other” Illegal Activities
REGARDLESS
ONCE A COMPLIANT/VIOLATION
HAS BEEN BROUGHT TO YOUR
ATTENTION
WHAT DO YOU DO
?
YOU
Investigate
Approach Workers
Who is in “Charge” or
Is the “Owner” Present
Collect Evidence/Probable Cause
Post The Building With a Cease &
Desist
“CEASE & DESIST”
You Are Hereby Ordered
“Forthwith” To
Secure & Make Safe The Premises
Then Cease & Desist By The Close Of
Business This Day
SEND RESPONSIBLE PARTY(S)
NOTICE
Headed With –Your call
Notice To Correct
Violation Notice To Correct
Non-criminal Violation Notice
Criminal Violation Notice
1. Correct Address/Responsible Party
2. State The Specific Violation / Date
3. Remedy
4. Time Frame To Correct
5. Fines & Penalties
6. Right To Appeal
WHAT DO YOU NEED IN THE
VIOLATION LETTER?
WHAT DO YOU NEED IN THE
VIOLATION LETTER?
Who Do you Plan on “Copying” ?
“OPPORTUNITY”
FINALLY
GET APPROVAL
CHECK WITH CITY SOLICITOR OR
TOWN COUNCIL ON THE FORMAT
YOU ARE USING FOR THE
VIOLATION LETTER
“INCIDENT~ DISASTER”
RECOVERY
(PHASE FOUR)
INSPECTIONS COMPLIANCE
~Incident ~ Disaster ~
Recovery
1. Incident
2. Disaster
a) Natural
b) Man-Made
The Number Of Lives Saved,
Buildings Lost And The Time It
Takes To Recover, In “Phase Four”
Greatly Depends On
Having A Strong
“Depar tment Of Building Safety”
When Enforcing
Phases One, Two & Three
Building Safety
Month
Code Officials Keep You Safe
May 2013