The AHJ

After honorably and proudly serving my country, being drafted into the United States Army after my sophomore year in college, I have been involved in the construction industry wearing many different hats for over forty-five years. 
               Now as an International Code Council Master Code Professional I mostly assist those in need of my code and construction experience.
               I have a great concern of the state of building codes and of those who enforce the codes not only in my state but throughout the country. I’d like to pass on and then tweak a great quote by Mark Twain, “The rule is perfect: in all matters of opinion our adversaries are insane.” With tongue in cheek I would like to add my simple words of wisdom relating to the building code, “The Code is perfect: in all matters of opinion our adversaries are insane.”
               All of us that process the code in our daily lives know for a fact that the code is not perfect but is compared to a living organism, needing to adapt in order to survive.
               Okay, I make a living reading, studying and researching the code and the relevance behind what has been put into print. I also just got back from the Kansas City Code Hearings so I have a good idea of what the future holds as well.
               How many of you have heard the comment I have been doing it this way for twenty-years without any problems now you tell me that it is against the code and it is going to cost me thousands of dollars to do it your way?
               Well, is it? Is it really against code? Why is it against today’s code? Then we have “Because I think it needs to be corrected and I’m the “AHJ”.
               Whaaaaat? The majority of my calls and complaints are concerning “AHJ’s” or Chief Building Officials. I’m here to tell you that it is an epidemic. Too much free lancing, interpretative decision making and simply not having the ability to understand the code and how it pertains to the situation. The code was not brought down from the mountain chiseled in stone. Not to get off on a tangent but I want people to understand how codes are voted on and why sometimes unless they are concerning life and safety there is some leeway. I was headed to Dallas Code Hearings a few years ago to vote on the new codes. Weather was creating chaos everywhere. My flight was delayed several hours. About the time we arrived at the Dallas/Ft. Worth airport a major storm was hitting. We circled above the airport for about an hour which at that time they diverted us to another airport in Texas. We sat there for over four hours then were able to fly back to Dallas. The code hearings were starting. Nobody was there on the first day. The individuals who were going to vote on the code changes could not and did not make it to Dallas on the first day of voting. We had groups of maybe one-hundred voting on code. Sometimes the vote came in 60 for and 40 against. I’m relaying this information because out of all the codes being voted on that particular day very few people from across the code world actually voted. Of course we are voting a lot differently today and every approved member has an opportunity to vote yay or nay.
               Okay, back to what I want to discuss. We are seeing an influx of the “my way or the highway” code or codes being written by local jurisdictions in a freestyle manner and being ordained as code by an unbeknownst deity.
               The repercussions are cancerous! There is no, let me repeat, no consistency from city to city, state to state in the manner that the code is enforced. Oh, by the way, Heaven forbid if there is a difference of opinion or a conflict arises. The fear factor raises its ugly head and the result of the scenario is simply giving in to the AHJ and its minions whether or not the code is being violated. Why not fight it? It’s simple, time and money. It is stacked against the individual, contractor, builder, engineer or architect. Sure, the code states that a Board of Appeals must be in place but remember, time and money. 
               Now for the sad part, you decided to challenge the decision. Wow, hold on to the saddle horn because you’ve unleashed the beast! How dare you challenge the AHJ? “I’m the AHJ and the code allows me to interpret the code and this is how I’m interpreting it” is the now infamous chant heard over and over. 
               Now the finger pointing begins. The builder starts the calls and starts the threats. It was an approved set of plans. The architect should have known better. He is the licensed professional. The engineer missed it. He has to make it right.  The sub should have known better. That’s their job to know the code and complete their job per the code. It now comes down to money. Who’s going to pay for the changes? During the confusion nobody told the homeowner that there is a problem which may cause a delay and more money to finish. Oh no, the attorneys are now involved.  Nobody wins here. The homeowner now gets into his/her vehicle, runs into the city demanding an explanation and challenging everybody within shouting distance. The Mayor gets an earful. The City Manager gets an earful. The City Council gets an earful. 
               So, say the AHJ decides it’s not worth it and gives in. You know what is coming next; the perfect storm. The follow-up inspections are done with CIS precision; white gloves combing over every FYI and fine print found on plans and in the code books as well as per every requirement ever printed in the manufacturing literature. Yes, it is based on vindictive nature. It is a vicious retaliation for questioning and challenging the AHJ.  Shame on all of you!
               I know many are going to say this never happens in their jurisdiction and many will simply deny the accusations but I challenge those AHJ’s practicing this type of behavior in changing their ways and dive into the code with more training and education for you and your troops. “Knowledge is Power.” Francis Bacon.
               In conclusion I want to personally shout out a huge “Thank You” to the hundreds, if not thousands of you who have dedicated your lives in making our homes, our places of worship, our schools and our meeting places more safe and secure; and always underpaid and underappreciated.