[TowerTalk] Special Inspection?

Steven H. Sawyers n0yvy sawyers@inav.net
Sat, 02 May 1998 22:22:05 -0500


I always thought one PE stamp beat four building inspectors. At least in
Iowa, but then we do tend to be a little more reasonable.

Sorry - couldn't resist. :-)

Seriously, I would contact your state engineering licensing board and ask
for a clarification as to who has the authority to approve a tower
installation. To my mind the building department is overstepping their
bounds. They do not have a PE license, they do not have the expertise not
the training to qualify any vendor in any area of tower construction or
design. If they think they do then ask them to produce their qualification
criteria. 

The building department's job is to protect the public.  They were created
so that routine construction projects can be under taken using known
standardized and documented techniques. If something planned does not fit
the standards, then the builder or customer has to get the approval of a
Professional Engineer (and pay for one). Otherwise you would need a PE to
put up a garden fence. For most building departments, towers are not an
area considered routine.

After you get a letter from the State Licensing clarifying the situation,
it might be helpful to have a conversation with the city attorney and the
city council and tell him how thankful you are that the building department
is being so careful in this matter.  And you really appreciate the EXTRA
LIABILITY that they are assuming by preempting your professional judgement.
 Their intricate involvement protects you from any repercussions, and of
course they do have the deeper pockets, if anything would go wrong and
legal actions were taken in the future. 

I am assuming any enterprising young lawyer involved in a subsequent case
would have a more than adequate paper trail to indicate the deep and
helpful involvement of the building department in the establishment of the
standards required for this (at that future time) failed installation.

This technique is called malicious compliance - it sometimes backfires but
it usually works especially when you have the state board behind you.

Steven H. Sawyers PE




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