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Re: Soils Reports under CBC 1802.2

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I'm no lawyer, but I seriously doubt that merely thinking about something (AKA "forethought") is enough to trigger "personal liability."  Now malice is another thing -- if you just happen to do something that favors your brother's landholdings I suspect that you might land on the front page of your local paper, and possibly even in court.  But just allowing that 1000 psf has worked in your county for the last century (*if* it has), and thus not requiring a soil report for a new house, would hardly amount to malice, IMHO.


In a message dated 2/15/08 2:02:02 PM, bgerving(--nospam--at) writes:
Why the indecision?  Building officials certainly do have personal liability if malice or forethought is involved in a given decision.  Discussing issues like this ad nauseam, which believe me, building officials around the state have done, definitely qualifies as forethought.
Regarding the ability of building officials to waive soils reports, please read the text of the exception to Section 1802.2:
“The building official need not require a foundation or soils investigation where satisfactory data from adjacent areas is available that demonstrates an investigation is not necessary for any of the conditions in Sections 1802.2.1 through 1802.2.6.”
Note that the exception does not apply to Section 1802.2.7, which is what triggers soils reports for structures assigned to SDCs D, E, and F. 

From: Rhkratzse(--nospam--at) [mailto:Rhkratzse(--nospam--at)]
Sent: Friday, February 15, 2008 12:30 PM
To: chuckuc(--nospam--at); seaint(--nospam--at)
Subject: Re: Soils Reports under CBC 1802.2

In a message dated 2/15/08 12:23:24 PM, chuckuc(--nospam--at) writes:

I have one local CBO who doing the same (& another who is can't make up
his mind).
Chuck Utzman

Why the indecision?  From this side of the fence -- the practicing engineer side -- the BO's are in the enviable position of having *all* the power and of being able to make decisions for the good of society as they see it, WITHOUT having to worry about being sued.  Not a bad position to be in; I wish I were in the same position and could actually design what I felt was the best structure for the situation without worrying about having *everyone* second-guessing me because I dropped a 4th decimal place in some arcane wind calculation or missed some obscure code requirement that's hanging on from many decades ago but just never got rooted out. 

I'm dead serious.

End of vent.


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