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#6148 - 02/23/09 09:34 AM Forum Comments - Official Statement?
Bryan Holland Offline

Secretary
*****

Registered: 10/05/04
Posts: 1622
Loc: City of North Port
Hello Group,

It has been relayed to me that statements made on a Forum like this one by a government official (inspector, PX, etc.) could be deemed as an 'official statement of policy' even if the statement is identified as a personal opinion.

It has also been said to me that comments or statements made on a Forum like this one can be used as evidence or substantiation in the event of a complaint or court case especially if comments made here are in conflict with enforcement practices in the jurisidiction for which the person making the comment works.

Considering that most of us identify who we are and who we work for and what organizations we represent, are we adding liability to our professions by participating on these forums?

What are you thoughts on this matter?

_________________________
Bryan P. Holland, MCP

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#6149 - 02/23/09 11:37 AM Re: Forum Comments - Official Statement? [Re: Bryan Holland]
Ruben Rocha Offline
Senior Member
*****

Registered: 05/24/00
Posts: 767
This issue has been brought up a couple of times. With no real resolution.
If someone would to really persue this issue the only person that can answer this legally would be an attorney.
Not someone that may think they know the laws.

And if it is a true statement someone better inform the Building Officials Association of Florida and the IAEI in texas. Because they have forums also based on code discussions.

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#6154 - 02/23/09 03:33 PM Re: Forum Comments - Official Statement? [Re: Ruben Rocha]
Nick Sasso Offline
Post-A-Holic Member
****

Registered: 11/08/01
Posts: 1451
Loc: West Palm Beach
Sounds similar to the hogwash a former association official said to me once. Nick Sasso has his own opinion, and he will not be silenced!!! Go file a complaint on me if you think I make "official" statments (whoever you are). We are all entitled to our own opinion!!!



Edited by Nick Sasso (02/24/09 03:22 PM)
_________________________

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#6155 - 02/23/09 04:02 PM Re: Forum Comments - Official Statement? [Re: Ruben Rocha]
John Belew Offline
Electrical Inspector/Plans Examiner

Registered: 06/26/01
Posts: 56
Loc: Milton,FL
It seems like these days we are always having to watch our back and try not to offend anyone or group. I think we should continue to use this forum to discuss code issues and ask questions of each other. I have learned alot from reading these topics and I dont think we should be worried that someone might use our comments as evidence in some court. We are here to help our industry and to promote electrical safety. Just tell it the way it is.
_________________________
John Belew
Electrical Inspector/Plans Examiner
Santa Rosa Co.
johnb@santarosa.fl.gov

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#6156 - 02/23/09 04:11 PM Re: Forum Comments - Official Statement? [Re: Nick Sasso]
Ruben Rocha Offline
Senior Member
*****

Registered: 05/24/00
Posts: 767
This topic has tweaked my curiosity.
Lets say a contractor has a issue on a job where he calls the local building department for clarification on code requirements for a certain portion of the job. The job is in inspector "A" area. But when he calls in he talks to inspector "B".
After some discussion contractor believes he can do a installation that will pass inspection based on inspector "B".
Inspector "A" is called out for inspection and issues a red tag.

To add to this Inspector "B" either misunderstood the question or was incorrect with his advise.

Whats the difference here?

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#6159 - 02/23/09 06:36 PM Re: Forum Comments - Official Statement? [Re: Ruben Rocha]
gfretwell
Unregistered


Maybe the guys who do have AHJ authority should add a disclaimer to their tag line, similar to the one in the IAEI magazine when they give code opinions.

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#6160 - 02/23/09 06:42 PM Re: Forum Comments - Official Statement? [Re: ]
Ruben Rocha Offline
Senior Member
*****

Registered: 05/24/00
Posts: 767
Yep if anyone is concerned they could always add a disclaimer in their signature line.
Maybe that will give them a warm fuzzy feeling.

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#6163 - 02/24/09 03:24 PM Re: Forum Comments - Official Statement? [Re: Ruben Rocha]
Nick Sasso Offline
Post-A-Holic Member
****

Registered: 11/08/01
Posts: 1451
Loc: West Palm Beach
We are all entitled to our opinions and more importantly, the freedom to express them. If you are worried about a possible misinterpretation just add three simple words, "In my opinion..." to the beginning of your statement.

If forums like these are avenues for "official" statements then nobody can say anything as 98% of the people on these forums are Florida licensed professionals.

I am always wary of those who try to silence another.

_________________________

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#6164 - 02/24/09 08:17 PM Re: Forum Comments - Official Statement? [Re: Nick Sasso]
Mike Timpanaro Offline
Post-A-Holic Member
****

Registered: 04/10/01
Posts: 1104
Loc: Ocklawaha FL.
And how about every instructor. I am an electrical instructor here in Florida as well National and am looking to go global. But here is the thing...other instructors (who I will not name) that teach code for themselves or other orginizations...offer their opinions too. Are they to be held accountable for their opinions?

I personally think that this is taken way to far.

My opinion is...No Problem.

I agree with Nick 100%
_________________________
Michael J Timpanaro
Inspector/Plans Examiner/CEU Instructor
Florida




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#6173 - 03/02/09 03:25 PM Re: Forum Comments - Official Statement? [Re: Mike Timpanaro]
Don Fuchs Offline
Apprentice Member
*****

Registered: 01/06/07
Posts: 44
I think one of the issues involved could be if you post from the city or county jurisdiction server or use governmental equipment to do the posting.
_________________________
Donald Fuchs Jr., MCP, CBO

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