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retaining wall design

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Condition: 

An exisitng single story light wood framed structure. The exterior walls
are a combination of concrete masonry walls and wood walls. 

The origional structure was built in 1948. In 1964 a new basement was added
to the structure. 

When the basement was added an approximately 5'-0" cut was made in the
under floor area and new concrete walls were poured in place to retain the
approximately five feet of cut. 

In one location there is a concrete wall, but the wall was never back
filled. Approximately 3' of space exists between the wall and the
unsupported cut.

I have recommended a new retaining wall be constructed or back fill be
placed behind the wall to support the cut.

Problem:

1. The client does not want to do this becouse the existing condition has
existed since 1964.

2. The chief building official visited the site, looked at the cut and told
the client a retaining wall is not required.

3. The architect (understands the need for a wall) is having a hard time
justifying to the client why a new retaining wall is requiered.

Solution:

1. Write cya letter to client.

2. Write cya letter to builiding department.

3. Refuse to sign off on the project and alienate a good architect and bad
client.

4. Notify BORPELS that the building official is practicing engineering with
out a license and never do work in the juridiction again.

5. Hide my head in the sand?

6. Any other suggestions would be appreciated.

Thanks

John Buchanan