FOUR PHASES OF PUBLIC SAFETY IN THE BUILT ENVIRONMENT

Transcription

1 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)

2 ~ NOTICE ~ 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

3 MATERIAL REFERENCED Building Department Administration 3 rd 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.

4 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

5 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

6 Primary Goals Define Our Role As Building Safety Officials Create A Greater Awareness And Understanding

7 Four Phases Of Public Safety In The Built Environment

8 Phase One Building Permit Phase Two Construction Phase Three Maintenance Phase Four Incident ~ Disaster ~ Recovery

9 Level Playing Field

10 ~ PUBLIC SAFETY ~ IN THE BUILT ENVIRONMENT IS A SHARED RESPONSIBILITY AND A JOINT EFFORT COORDINATED BY THE BUILDING SAFETY OFFICIAL

11 UNDERSTAFFED DEPARTMENTS OF BUILDING SAFETY

12 What Happens When The Demands Placed On A Department of Building Safety Exceeds The Resources Available?

13 1. Purpose of Controls 2. Department Of Building Safety 3. Building Official

14 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

15 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

16 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

17 1. Purpose of Controls 2. Department Of Building Safety 3. Building Official

18 Dynamics Departments of Building Safety Are NOT Like Nor Do They Function Like Any Other Municipal Department

19 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

20 Department of Building Safety Overview 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

21 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

22 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

23 Miscellaneous Functions 1. Interviews 2. Complaints 3. Scheduling Inspections 4. Other Department Functions-Varies a) Plumbing/Gas b) Electrical c) Weights & Measures

24 Department of Building Safety ~ POLICIES ~ PROCEDURES ~ 1. Glue 2. Challenged 3. Public Relations

25 POLICIES & PROCEDURES 1. Building Permit Applications 2. Working With Other Municipal Departments 3. Conducting Inspections 4. Issuing Certificates of Occupancy 5. Addressing Complaints / Violations 6. Documenting

26 Summary On P & P 1. Policy & Procedure Important a) Defines Who We Are b) Conveys a Sense of Organization c) Adds To Our Credibility d) Good Public Relations

27 1. Purpose of Controls 2. Department Of Building Safety 3. Building Official

28 BUILDING SAFETY OFFICIAL Must Absolutely BE SURE ABOUT Two Things 1. Where Your Jurisdictional RESPONSIBILITY Begins & Ends 2. Where Your Jurisdictional AUTHORITY Begins & Ends

29 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

30 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.

31 BUILDING PERMIT (PHASE ONE) APPLICATION / ASSESSMENT & PLAN REVIEW New Construction Renovations & Change of Use

32 MITIGATION. ANY SUSTAINED ACTION TAKEN TO REDUCE OR ELIMINATE LONG-TERM RISK TO HUMAN LIFE AND PROPERTY, FROM A HAZARD EVENT

33 PHASE ONE BUILDING PERMIT The Process Makes A Building Safety Official THE FIRST PREVENTER When Addressing Public Safety In The Built Environment

34 PHASE ONE BUILDING PERMIT Formal Procedure Used To Enforce The Adopted Building Codes To Create Safer Sustainable Buildings Four Basic Components

35 Four Basic Components 1. Application 2. Project Assessment 3. Plan Review 4. Issue The Building Permit

36 PHASE ONE -BUILDING PERMIT 1. REVIEWS APPLICATION 2. PROJECT ASSESSMENT

37 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

38 PHASE ONE -BUILDING PERMIT 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

39 Looking At Building s Systems & The System Components Foundations Framing Heating Water Waste Disposal Energy Fire Protection

40 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

41 FIVE REASONS WHY Buildings Building Systems System Components FAIL PREMATURELY

42 1. Wrong Design 2. Inappropriate Materials 3. Bad Workmanship 4. Lack of Maintenance 5. Incident / Disaster A. NATURAL OR B. MAN MADE

43 PHASE ONE -BUILDING PERMIT 1. REVIEWS APPLICATION 2. PROJECT ASSESSMENT 3. CONDUCTS PLAN REVIEW 4. ISSUE THE BUILDING PERMIT

44 CONSTRUCTION (PHASE TWO) INSPECTIONS COMPLIANCE Design ~ Materials ~ Installation

45 - Conducts Progress Inspections (Jurisdiction) - Collects Affidavits Of Compliance - Collects & Reviews 3 rd Party/Special Inspections - Coordinates Approvals By Other Municipal Departments/Permit Granting Authorities - Attend Periodic Construction Meetings

46 - Monitor Safeguards During Construction Verifying Compliance Addressing Complaints Head Off A Potential Problem (Proactive)

47 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

48 SITUATION #2 ~ EXAMPLE ~ DISCUSSION ~ QUESTION ~ What Do you Do When The Scope Of Work Changes During Construction? 1. Notified 2. Not Notified

49 MAINTENANCE (Phase Three) Periodic Inspections Complaints & Violations Fourth Reason Why Structures Fail Prematurely

50 Three Important Aspects To Maintenance Phase Three 1. Mandatory Periodic Safety Inspections? 2. Maintenance/Safety During Renovations & Construction! 3. Violations / Complaints

51 WHO IS RESPONSIBLE FOR BUILDING MAINTENANCE? 1. Building Owner Primary 2. Contractor 3. Tenant 4. Property Management

52 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

53 ILLEGAL CONSTRUCTION OR ILLEGAL CHANGE OF USE HAS CONSEQUENCES

54 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

55 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

56 REGARDLESS ONCE A COMPLIANT/VIOLATION HAS BEEN BROUGHT TO YOUR ATTENTION WHAT DO YOU DO?

57 YOU Investigate Approach Workers Who is in Charge or Is the Owner Present Collect Evidence/Probable Cause Post The Building With a Cease & Desist

58 CEASE & DESIST You Are Hereby Ordered Forthwith To Secure & Make Safe The Premises Then Cease & Desist By The Close Of Business This Day

59 SEND RESPONSIBLE PARTY(S) NOTICE Headed With Your call Notice To Correct Violation Notice To Correct Non-criminal Violation Notice Criminal Violation Notice

60 1. Correct Address/Responsible Party 2. State The Specific Violation / Date 3. Remedy WHAT DO YOU NEED IN THE VIOLATION LETTER? 4. Time Frame To Correct 5. Fines & Penalties 6. Right To Appeal

61 WHAT DO YOU NEED IN THE VIOLATION LETTER? Who Do you Plan on Copying? OPPORTUNITY

62 FINALLY GET APPROVAL CHECK WITH CITY SOLICITOR OR TOWN COUNCIL ON THE FORMAT YOU ARE USING FOR THE VIOLATION LETTER

63 INCIDENT~ DISASTER RECOVERY (PHASE FOUR) INSPECTIONS COMPLIANCE

64 ~Incident ~ Disaster ~ Recovery 1. Incident 2. Disaster a) Natural b) Man-Made

65 T he Number Of Lives Saved, Buildings Lost And T he Time It Takes To Recover, In Phase Four Greatl y Depends On Having A Strong Depar tment Of Building Safety W hen Enforcing Phases One, Two & T hree

66 Building Safety Month Code Officials Keep You Safe May 2013

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