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    The Simple Facts Of Special Inspectors

    First off, I’d like to wish everyone a Happy New Year. I hope you all enjoyed the Holiday season with your families, and recharged your batteries. If you are like our team at Metropolis Group, you are excited to get 2012 off the ground.

    If 2011 was defined by change – to systems, technology and procedures, then 2012 should benefit greatly by these accomplishments and a stronger foundation to work from. One thing we start the year with is clarity – of the new standards to file, permit, and inspect projects.

    A last order of business for 2011 was the DOB’s release of Buildings Bulletin 2011-24, which restates the requirements for a building owner to hire special inspectors, and the obligation of special inspection agencies to avoid conflicts of interest in doing their job.

    By definition, Special Inspections are the “Inspection of selected materials, equipment, installation, fabrication, erection or placement of components and connections, to ensure compliance with approved construction documents and referenced standards as required by this chapter or elsewhere in this code or its referenced standards.” They are conducted by Special Inspection Agencies, who employ the specialized inspectors.

    There’s quite a bit of language here, and at the heart of the matter are two simple rules, both of which lead to a goal of safer construction.

    First off, Special Inspection Agencies (SIA) must be retained by a building owner, not by a contractor. The SIA must report discrepancies between approved construction documents and the work performed directly to the owner. If this wasn’t the case, a report of shoddy work could go to a contractor, who could bury it rather than act on it.

    Second, there can be no conflict of interest with the SIA, which could impact the quality of construction. The law prohibits an SIA to have any financial interest in a project, or anything to gain in the completion of the work. Without this safeguard, it’s conceivable to imagine a scenario where a design professional may look the other way in order to hit pre-determined deadlines. The DOB, with all its might, intends to stop this from happening.

    So does this eliminate any SIA from being an applicant of record? In a word, no. Since the responsibility of applicant of record comes with its own requirements and restrictions, this does not in itself trigger a conflict of interest.

    The bottom line on Special Inspections comes down to two things. First, if you are the building owner, you are involved personally. Second, if you have anything to gain from a project’s completion, you are disqualified from performing the inspection. Stick to the playbook on this one, and everything else should fall into place.

    Happy New Year, and let’s get to work!

    Frank Fortino

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