The threshold inspector.

• Author: Kelly, Kevin P.
• Position: Structural integrity building inspectors - Florida

Champion of the Public Weal or Construction Industry Rogue?

Have you felt the sway of a highrise in a brisk wind? How about feeling stadium seating bouncing in cadence to the motion of the fans? Have you seen on television or, God forbid, in person, a building toppled in an earthquake? Who is it, behind the scenes, that gives us confidence we're safe in a hurricane? After all, most structures are built by a low bidder or someone with a motive to cut construction costs and time. Would you be concerned if the structure you work in was inspected by someone with conflicting loyalties to the profit-conscious owner and the safety-conscious, but overworked, public building official? That's how it's done in Florida, and the guy in the middle is the "threshold inspector."

A subtle tug-of-war occurs on commercial construction projects between the owner and the public building code inspector (for simplicity, referred to as the "building official"). This inherent tension is good. It provides an equilibrium between the drive for profit and the concern for safety. Commercial owners and contractors, as entrepreneurs, aim to maximize profits. This may be at odds with the public building official's goal of ensuring code compliance. Disturbing the equilibrium can have dire consequences. Hurricane Andrew exposed the consequences of a profit motive inadequately checked by inattentive (or overburdened) building officials: destruction in the billions of dollars, much attributable to inadequate code compliance.[1] On the other hand, an overzealous or tyrannical building official can halt a construction project, bankrupting a contractor. These competing interests must balance for a project to be both safe and profitable. .

A potentially destabilizing element of this equilibrium originated in 1982 when the Florida Legislature created a second category of inspector, the "threshold inspector."[2]

The Threshold Inspector

The threshold inspector is a unique character. Unlike the building official, the threshold inspector is a private citizen. Unlike the owner, he does not wield the power of the purse. He is a certified, licensed, or registered engineer or architect whose sole focus is structural integrity.[3] During construction, he inspects the structural components of all buildings meeting the following thresholds:[4] 1) over three stories or 50 feet in height; or 2) an assembly occupancy exceeding 5,000 square feet and an occupant content greater than 500 persons.[5] In other words, if the building is tall or holds a lot of people, the threshold inspector must inspect its structural elements during construction.[6] Before a building official issues a certificate of occupancy, the threshold inspector must submit a signed and sealed statement that all structural, load-bearing components comply with the permitted construction documents.[7] The intent was to increase the safety of structural components, the failure of which could spell disaster to persons and property. Good intentions.

In creating the threshold inspector, however, the Florida Legislature did an unusual thing: It cleaved the threshold inspector's responsibility from his remuneration. This left murky the question of who, if anyone, controls and directs the threshold inspector.

In dissecting the tensions at work on the threshold inspector, let's start with the known. The threshold inspector is statutorily "responsible" to the building official.[8] On the other hand, the threshold inspector is selected and paid by the owner.[9] This appears to contradict the common sense notion that with money, so goes control.

This dichotomy of responsibility is the root of the threshold inspector's schizophrenia and leaves unanswered questions: Does the building official or the private owner (or both) have the right to control and direct the threshold inspector? What responsibility does the threshold inspector owe the building official? What, if any, responsibility does the threshold inspector owe the owner?

The answers to these questions can have a significant financial impact on those...