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Can you issue a COO with a homeowner signing off on an obvious discrepancy in building materials?

Pennsylvania

I am a Code Officer in a small Borough in PA. Our Third Party Inspectors issued a Certificate of Compliance for a newly built house. The problem is that the deck was erected with 4X4 posts that are more than 32" high. They had the homeowner sign off on them and told me it was ok to issue the COO. My question is, do you think this is standard practice to have someone sign off on something like this? I feel perhaps the posts should be changed to 6X6 before the COO is issued. Can you advise please? Thank you, MaryKay Clark B.C.O.

1 reply

Oct 15, 2021

No it is not standard practice. I would not recommend issuing the COO before the posts are changed. As a code officer, you have immunity under the Political Subdivisions Tort Claims Act (the "Act" ) for your actions in connection with inspections or the issuance of occupancy permits. However, the Act does not provide immunity for reckless misconduct. I would be concerned that such an allegation could be made if, god forbid, the deck later failed, because essentially you would be allowing the occupancy of the home and deck, despite the fact that you know that is structurally deficient.

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