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“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

Camachorf@msn.com

~ 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