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Re: Redundancy Factor

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In a message dated 7/31/99 4:19:58 PM Pacific Daylight Time, 
lhoward(--nospam--at)silcom.com writes:

<< Robert-
 I am sure about all the legal issues.  The building official could
 simply choose not to enforce certain sections of the Code because those
 sections are obviously flawed.
 
 I would assume that if any new law of any kind were put into effect, and
 it became obvious to those who wrote the law that an error was made, the
 law enforcing official would at least be obligated not to enforce a law
 that contained known errors.
 
 Lynn >>

Lynn,
Read my post on this issue. It reflects what the building official in Rancho 
Mirage attempted to do. However, this is like cutting off your now to spite 
your face - the offical is not liable for incorrectly interpreting the code - 
even if he continues to do so. He can accept and issue permits based on a 
lesser standard of practice without recourse. However, you as the design 
engineer are responsible to following the letter of the law and become liable 
for your actions if you choose to comply with the building official.
It's not fair, but it is law. I gave you some references about the legal 
issues that were given to me by Arnold Bookbinder, S.E. who specializes in 
Expert Witness work and is involved in similar cases at this time. I'm afraid 
that we may simply have to work from within the system to help limit our 
liablility.


Dennis