BER Case 07-10: Barn Structure Modification and Snow Load Concerns
In BER Case 07-10, the Board was faced with a case in which Engineer A had designed and built a barn
Precedent for engineer's obligations regarding known structural deficiencies
BER Case 17-3: Forensic Investigation and Structural Design Defects
In BER Case 17-3, Engineer A was a professional engineer and registered architect with extensive design and forensic engineering experience
Precedent for obligations beyond client reporting when public safety is at risk
BER Case 19-10: Building Investigation and Structural Instability
An illustration of how the Board has addressed this issue can be found in BER Case 19-10
Precedent for handling structurally unstable building situations
BER Case 98-5: Building Inspection Program and Code Requirements
Similarly, in BER Case 98-5, Engineer A, a PE responsible for the City's building inspection program
Precedent for handling pressure to compromise safety standards
Inspector under supervision of Engineer Intern A
While reviewing the inspection report for a bridge, Engineer Intern A observed that an inspector...had failed to report a visibly obvious defect
Reviewed for quality control and defect identification
Systemic design defect affecting multiple homes
Demonstrates obligation to warn broader community when systemic issues discovered
Engineer A had further responsibilities to take additional steps, including contacting local building officials, individual homeowners, and the local homeowners' or community civic association
Discovery of widespread safety issues requires broad public notification beyond client reporting
Public safety requires notification of all potentially affected parties
Engineer A had further responsibilities to take additional steps, including contacting local building officials, individual homeowners, and the local homeowners' or community civic association to advise them of the finding
Engineer A pressed between staff reductions and new code requirements
Limited inspection staff due to budget cuts restricts inspection capacity
pressed between reductions in staff due to budget cuts and implementation of new, more rigid code requirements
Multiple cases involve certificates of occupancy issued despite structural concerns
Buildings must receive certificate of occupancy from county officials before occupation
County building official inspection and approval
the building was issued a certificate of occupancy by a county building official
CausalLink_Selective Information Disclosu
implementation of new, more rigid code requirements which greatly enhanced and protected the public's health and safety
Implementation of enhanced safety requirements
permit buildings already under construction to be 'grandfathered' under the older code requirements
Proposed grandfathering for buildings under construction
Hired Engineer A for building investigation after fire
Engineer A was hired by Client B to conduct a building investigation
Engineer Intern's decision to withhold information
Explains why withholding information exceeded Engineer Intern A's authority
Engineer Intern A was not yet qualified to either make that determination or evaluate the materiality of the information
Interns must recognize limits of their qualifications and cannot make independent judgments about information materiality
Lack of qualification requires full disclosure rather than selective reporting
supervisory relationship and quality control
Highlights importance of supervisory competence in ensuring inspection quality
inspector under the supervision of Engineer Intern A
Competent supervision requires verifying subordinates' work quality and accuracy
Engineer Intern A discovered failure through review process
Demonstrates that engineers must escalate safety concerns through multiple channels
Engineer A had an obligation to continue to pursue a resolution of the matter
Professional responsibility requires persistence when initial safety warnings are ignored
Persistence in pursuing safety overrides deference to unresponsive authorities
Engineer A had an obligation to continue to pursue a resolution of the matter by working with Client B and by contacting the supervisor of the county official, the fire marshal, or any other agency
Certificate of Occupancy for Modified Building
Official certification despite structural concerns
Defect Discovery → Historical Records Review
Defect Reporting Omission → Pattern Revelation
Engineer Intern A unable to independently assess urgency of defect investigation
Cannot make professional determinations or evaluate materiality of structural defects without PE qualification
Engineer Intern A was not yet qualified to either make that determination or evaluate the materiality
Inadequate beam design potentially affecting multiple tract homes
Contact building officials, homeowners, and civic associations about design defect
contacting local building officials, individual homeowners, and the local homeowners' or community civic association
After discovering systemic design defect
Modified barn structure could collapse under snow loads
Notify new property owner in writing about structural deficiency
Engineer A should also have notified the new owner in writing about the perceived deficiency
County building official did not return phone call after structural instability report
Continue pursuing resolution by contacting supervisor of county official, fire marshal, or other agencies
Engineer A had an obligation to continue to pursue a resolution of the matter by working with Client B
Pursue safety resolution through multiple authorities when initial contact fails
County official did not return phone call
Contacting county official and recommending bracing to owners
Duty to protect public from structural hazards
The county building official did not return Engineer A's phone call
Pressure to allow older code for buildings under construction
Refuse to concur with grandfathering proposal or sign inadequate inspection reports
not ethical either for Engineer A to agree to concur with the chairman's proposal or to sign inadequate inspection reports
Ensure building inspections meet rigid code requirements
Pressed between staff reductions and new code requirements
Managing city building inspection program
Protection of public health and safety through code enforcement
Engineer A, a PE responsible for the City's building inspection program
During building inspection program management
Building structurally unstable with danger of collapse
Immediately advise client and authorities of structural instability danger
Engineer A immediately advised Client B and called the county building official
Perform structural calculations to verify beam load capacity
Forensic investigation of burned beam in residence
Measuring tributary area and running structural calculations
Identification of design defects affecting public safety
Engineer A measured the tributary area of the roof, floor, and wall bearing on the beam and ran a series of structural calculations
Assess building stability and identify structural deficiencies causing roof sag and wall lean
Identified structural instability during forensic investigation
Preliminary investigation and structural analysis
Protection of public safety from building collapse
Engineer A observed the building to be structurally unstable
Triggered immediate notification to Client B and county official
Observation during fire investigation that building was structurally unstable
Engineer A observed the building to be structurally unstable... Although not imminent, Engineer A believed collapse of the building was a danger
Required Engineer A to escalate beyond initial contact attempt
After Engineer A called county building official
County building official not returning phone call about structural danger
Board recommendation to escalate to supervisor or fire marshal
Led to Board requiring written notification to owner
After Engineer A verbally contacted town supervisor
Town supervisor agreed to review barn extension concern but took no action
Engineer A verbally contacted the town supervisor, who agreed to review the matter, but no action was taken
Board recommendation to notify owner in writing
Maintain supervisory control over bridge inspection program
Supervises Engineer Intern A and overall inspection program
Overall program oversight and regulatory compliance
Engineer B as PE and director must supervise unlicensed Engineer Intern A
Professional engineering standards for supervising unlicensed engineers
State DOT employment policies and PE licensing requirements
Provide adequate supervision to Engineer Intern A in bridge inspection program
Engineer Intern A is an unlicensed engineer in the DOT's bridge inspection program under the supervision of Engineer B
Failed to report that defect had been visible for five years when reporting to supervisor
Professional duty of complete disclosure
Report all material facts about the bridge defect including its five-year history
reported the defect to Engineer B but did not report the fact that the defect had been visibly obvious for at least five years
Ability to identify visibly obvious defects in concrete bridge members
Recognized defect that inspector failed to report
Public safety protection through accurate infrastructure assessment
Engineer Intern A observed that an inspector under the supervision of Engineer Intern A had failed to report a visibly obvious defect
Ability to review and analyze five years of inspection reports and photographs
Discovered pattern of unreported defects over five years
Systematic review of historical documentation
Due diligence in identifying systemic inspection failures
reviewed the inspector's reports and photographs going back five years and discovered
During investigation of defect reporting
Central discovery that triggered partial reporting to supervisor
Review of bridge inspection report revealing unreported visible defect
Engineer Intern A observed that an inspector under the supervision of Engineer Intern A had failed to report a visibly obvious defect in a concrete bridge member
Failed to report material information about duration of defect existence
Failed to disclose defect existed for five years
Complete and transparent safety reporting
Engineer Intern A failed to report the material information that the visibly obvious defect had been missed
Failed to report defect had been missed in inspections for five years
Report all material facts including that defect existed unchanged for five years
Engineer Intern A had a responsibility to report all material facts related to the visibly obvious defect
Ensure accountability for inspection failures
Protect public from ongoing safety risks
Created ethical dilemma by withholding critical historical context
Decision to report defect but withhold 5-year history of non-reporting
Engineer Intern A reported the defect to Engineer B but did not report the fact that the defect had been visibly obvious for at least five years
Reported the defect to supervisor upon discovery
Ensure public safety by identifying and reporting bridge defects
Engineer Intern A reported the defect to Engineer B
Failed to detect inspector's repeated omissions over five years
DOT organizational structure and professional responsibility
Employment responsibilities and professional standards
Supervise and review work of inspector conducting bridge inspections
an inspector under the supervision of Engineer Intern A had failed to report a visibly obvious defect
Acknowledge limitations of unlicensed status
Report deficiencies in inspection process
Created responsibility for discovering and addressing inspection failures
Assignment to DOT bridge inspection program with supervisory duties
an inspector under the supervision of Engineer Intern A
Defer materiality judgments to qualified engineers
Lacked qualification to determine whether 5-year history was material
Being assigned to evaluate and report on structural defect
Would be terminated upon obtaining PE license
Failed to include critical temporal information that defect existed for 5+ years
When Engineer Intern A reviewed historical inspection records
Discovery that visibly obvious defect existed in photos from at least 5 years prior
Engineer Intern A failed to report the material information that the visibly obvious defect had been missed in inspection for at least five years
Conducted multiple building investigations, identified structural dangers, reported to clients and authorities
Balancing client service with public safety obligations when building poses danger
extensive design and forensic engineering experience
professional engineer and registered architect
Engineer A was hired by Client B to conduct a building investigation to determine the origin and cause
Engineer A's extended notification obligation to appropriate authorities about safety concerns
Engineer A's immediate actions after structural instability conclusion
Engineer A's obligation to report material facts about safety defects discovered during inspection
Engineer A's persistence obligation to ensure safety concerns are adequately addressed
Engineer A's supervision obligation regarding work performed under their authority
Received report about defect from Engineer Intern A but not informed of five-year history
Not fully informed about five-year history of unreported defect
Engineer Intern's role in reporting safety defects discovered during inspection work
Discovered unreported defect, reviewed five years of reports, reported defect but not full history to supervisor
Failed to fully disclose that defect had been unreported for five years
Structural modifications creating collapse danger
Establishes that engineers retain safety obligations beyond project completion
Safety obligations extend to new property owners even after sale
Safety concerns override temporal limitations on professional relationships
Chairman willing to hire inspectors if Engineer A concurs with grandfathering
Proposed ordinance would allow buildings already under construction to follow older code requirements
Five-Year Bridge Inspection Archive with Photographs
reviewed the inspector's reports and photographs going back five years and discovered that the same inspector had failed to report the same defect for at least five years
Analyzed to investigate pattern of unreported defects
Intern A did not report that the defect had been obvious for five years
Professional integrity and safety obligations
Must report patterns of defects discovered through historical review
Professional ethics review and potential disciplinary action
but did not report the fact that the defect had been visibly obvious for at least five years
Inspector repeatedly failed to report visibly obvious defect over five years
Professional inspection standards and training
Limited by technical competence to identify and report visible defects
Supervisory review and quality control processes
inspector under the supervision of Engineer Intern A had failed to report a visibly obvious defect
Failed capability to identify or report visible concrete defects
Systematic failure to report obvious defects
Pattern of non-reporting over five years
Failed to enable public safety obligations
the same inspector had failed to report the same defect for at least five years
Failed to report visible concrete bridge member defect for at least five years
Bridge inspection protocols and safety requirements
DOT inspection procedures and safety regulations
Inspector under Engineer Intern A's supervision
Report all visible defects in bridge inspections
Political pressure to grandfather unsafe buildings
Establishes that external pressures cannot justify compromising safety standards
it was not ethical either for Engineer A to agree to concur with the chairman's proposal or to sign inadequate inspection reports
Professional integrity cannot be compromised by political or economic pressures
Integrity in safety assessments cannot be compromised for expedience
Systematic failure of integrity in inspection process
failed to report a visibly obvious defect
Professional integrity requires accurate and complete reporting of infrastructure conditions
Inspector repeatedly violated integrity principle over five years
Purchased property with barn from Engineer A, made structural modifications
Engineer A sold the property, including the barn to Jones
Central to determining whether Engineer Intern A acted ethically
Complete disclosure of all material facts is required regardless of impact on urgency assessment
Full disclosure required even if it might reduce perceived urgency
National Society of Professional Engineers
The role of the professional engineer in protecting the public health, safety, and welfare is fundamental to the practice of engineering and is the overriding value in the NSPE Code of Ethics
Framework for evaluating ethical dilemmas involving public health and safety
Intern A operates under Engineer B's PE supervision in bridge inspection program
Must work under supervision of licensed PE (Engineer B)
DOT policies and state engineering board
under the supervision of Engineer B, a PE and state DOT director
Critical infrastructure safety directly impacts public welfare
visibly obvious defect in a concrete bridge member
Public safety requires reporting structural defects that could endanger bridge users
Engineer Intern A partially resolved by reporting defect but not full history
Establishes the foundational principle for analyzing all subsequent cases
The role of the professional engineer in protecting the public health, safety, and welfare is fundamental to the practice of engineering and is the overriding value
Public welfare serves as the supreme principle that overrides all other professional considerations
Public welfare takes precedence over all other considerations
Fundamental principle guiding all case decisions
Public health, safety, and welfare must be the overriding consideration in all engineering practice
Professional ethics boards and licensing authorities
protecting the public health, safety, and welfare is fundamental to the practice of engineering and is the overriding value
Selective Information Disclosure → Information Asymmetry Creation
Certificate of Occupancy for Extended Barn
The changes were approved by the town, the extension was built, and a certificate of occupancy was issued
Approval of barn extension with modified structure
Engineer Intern A's reporting to supervisor
Incomplete transparency may prevent proper accountability and systemic correction
did not report the fact that the defect had been visibly obvious for at least five years
Full transparency would require disclosing the complete history of the inspection failure
Engineer Intern A chose partial disclosure over full transparency
Intern A supervises inspector but lacks authority to independently direct corrective actions
Professional engineering licensure requirements
Cannot independently supervise inspectors without PE license
DOT organizational hierarchy and PE supervision requirement
certificate of occupancy issuance after construction modifications
defect discovery after five years of missed inspections
historical record review after initial defect observation
reporting to Engineer B after historical record review