Building inspector

[homeownerblue]

What is the name of your state? California

I am having problems with a building inspector,I wanted to add electrical to a building that was unpermited when built, 106.2 of the California Biulding code reads that a building 120 sq ft or less and is used as a tool shed , "shall not " require a permit. It staes that a Seperate electrical permit shall be required.
Yet our building inspector goes on to say , in the same code section , because it says "exemption from the permit requirements of this code shall not be deemed to grant authorization for any work to be done in any manner in violation of the provisions of this code or any other law or ordinance of this jurisdiction." So he is requiring me to provide a floor plan and discription of the building of all the materials it was biult with down to how it was built. His origanal request was for a additional building permit for the structure.
It was based on that extra section of the code. He then refused to tell me under what regulation, or standard would I have to have this building to conform to. There are many construction standards, Homes, shops, commercial buildings ect. He would not tell me what standard he was going to apply to this structure so I could assure before he came out to inspect, that it would meet the criteria for what ever standard he was going to use to say if the building meet the requirements or not.
I found not only that disturbing , but his veiw of his abilitys to go around what the code had intended. I had always thought that the term "shall not" was legally binding as they cant requiest a permit.
To make matters worse, I had a previous permit approved in 2001 with the same situation and the permit was issued with no building permit required.
I was very frustrated to say the least, I do not feel that within the code , there is a discription of what a building that didnt require a permit to beguin with, should be built to, in other words , what is the building standard for that building. So am I subject to whatever arbitary standard he wishes to apply?
This concerns me as building inspectors do have a red tag ability. I have complained to City manager, I have complained to the City attorney , I have complained to the City Mayor, to no end. Should I allow him to inspect this building and set a presidence in our community to be able to apply the code as he pleases?
Thanks , A Frustrated owner builder

 

[seniorjudge]

Ask the bureaucrats how one appeals the decision of a building inspector.

Then appeal it.

 

[homeownerblue]

The Appeal process in Calif requires the city to have a "Building Board of Appeals" we do not have a sitting Board currently. I asked for a hearing date before them , I asked for the contact number for them, they said they will have to form one and it would take al least 30 days to do so, in the mean while the city manager has already asked the opinion of one of the persons they would ask to sit on this Board what he thinks of the situtaion, he stated that he agreed with the building inspector, isnt that simply forming a Board with the folks that agree with the City.? What happened to fair and unbias.

 

[nextwife]

HE cannot know what codes it is not in compliance with if you have not provided him complete building details, specs and materials. Without electric, the code demands may be different than with electric. If you want the electric, then why refuse to provide him what he needs to know?

 

[homeownerblue]

HE cannot know what codes it is not in compliance with if you have not provided him complete building details, specs and materials. Without electric, the code demands may be different than with electric. If you want the electric, then why refuse to provide him what he needs to know?

The above statement is partually true , however thats the purpose of a inspection of the building during the electrical inspection.

I found out several things however that I am going to post here so if anyone else is faced with this same situation, you can learn from what the State offices have told me.
California Building Code is actually the wrote by the ICC and the IBC the International Code Council and the International Building Code. The IBC has merged with the ICC so the ICC now is the determining Council. There are sections in the Calif Building code that have CA CA CA CA CA in the sides of the page by that section. the other sections remain then, as ICC codes.
The ICC can and will make determinations upon request, give opinions as well as to what the proper interpitation of the code is. The building inspector is bound to what the code says and its intent. The ICC can determine its intent, and only the ICC or Judge can determine that and a judge can only determine if it is improperly worded.
The ICC can be joined by anyone, there is a yearly fee and, in the event of something that I went thru, with a building inspector going around the code, ( I will explain that in a moment), then as a member, you have the right to have a opinion or a even more binding decesion rendered. And the building inspector is bound by it, as the org that wrote the code iss the one that determines it.
They advised me that The building did not require a permit, and that a electrical permit was required, and that in the Handbook , it refurs to the building of buildings that do not require a permit , as being the owner builders responsibility. Therefore , they said he has no cause to even ask for plans, or to inspect the building based on its structure before a electrical permit was issued.He was NOT allowed by code to do that, he went around the code and held up my project for 3 weeks, basing it all on a issue he didnt have the authority to do. They stated that the Code is specific it says a permit 'Shall not be required". Calling for plans is what is asked for in the permit process for a building, so it was not allowed.
My issue with this is that this inspector is a P.E and thats the highest degree of inspector you can have. He should have know the code and the handbook. That stands for Profesional Engineer. I was also advised that the California State Board of Profesional Engineers takes up complaints against P.E. s for such offences and suspends thier licences and other such things. I am entering my 4 th week of dealing with what should have been resolved with the first meeting.
Further ,I was also told that if he is going to apply a standard to a building, I have a right to know what that standard is, as in a standard for a shop, a standard for a house , a standard for a comercial building. The construction standards are all different. would it be 16 centers , would it be 24 centers, double sheathing on the outside or single, would the interior walls have to have sheathing and on and on.
I could get no answer to those issues from him.
Any way it would appear that this issue will be resolved as I was advised my permit will be issued now.
The lesson learned here is that one can not allow a Inspector to flex that power that he does not have, and that he does not have the proper authority to do.
NOw I know why they say" Question Authority"..

 

[cepe10]

the "power pill" gets to a lot of people in these types of jobs...Actually there are code officials in the area and they regulate these issues as well as the applicability...