This message has been cross posted to the following Discussion Forums: Custom Residential Architects Network and Small Project Practitioners .
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Okay... Have any of you received plan check corrections or implemented the 2013 CALGreen RMM forms on your documents yet?
A friend just did a plan check with the new CALGreen measures, and the building official says they want "Installation Certificate Forms" imprinted on the drawings, along with the usual (but revised for 2013) 'Checklist' forms that list where the measures are indicated in the documents, plan check verification, and field inspection verification.
So, I went to the State HCD website to find the relevant forms. Link:
http://hcd.ca.gov/CALGreen.html .
There, I found the 'RMM' forms. Link:
http://hcd.ca.gov/codes/calgreen/RMM_1.pdf .
On the RMM forms, for each category, there's a 'Declaration Statement' which it says must be signed by 'a person with overall responsibility for the planning and design portion of the project'. That's the Architect or Designer, presumably. Here's what they want me to sign:
" I
certify under
penalty of perjury, under the laws of the State of California, the information provided is true and correct." (italics mine)
Uh.. Okay. I suppose I could sign that with a straight face if I'm perfect, but I'm not. This statement seems to go a little beyond 'Reasonable Care', wouldn't you say? But wait... It gets better.... The next line reads:
"I
certify that the
installed measures, materials, components, or manufactured devices identified on this certificate
conform to all applicable codes and regulations, and the
installation is
consistent with the plans and specifications approved by the enforcing agency." (italics mine)
WHAT? I need to CERTIFY (a powerful legal term) that the CONTRACTOR(S) have followed this complex piece of code AND my (imperfect) instruments of service to the letter, with no deviations or errors? Are you kidding me????
I've got my reservations on the first statement, but there is
NO WAY I am signing that second statement. My attorney would just shoot me in the head, on-the-spot, if he saw me sign that. <g>
It seems to me that to be able to sign off on that second statement, I would need to be performing continuous, exhaustive inspections on the project. That's just impossible. I'm pretty good about keeping an eye on my projects, but this is completely over the top.
As we all know, I don't get the final call on what gets built.. The OWNER does. I can inform the Owner of Work not in accordance with the CD's, but it's their call to accept it or demand correction of the non-conforming Work (and also risk rejection at AHJ inspection time). The State is assuming I have Godlike control over
installations. I could be hauled before the board because of caulk installed by somebody unskilled. You think the tile guys are reading the sides of the caulk tubes to see if the meet the CALGreen VOC limits? Yeah... I know... The GC is supposed to be paying attention. Do you trust the GC that much? I know ONE contractor I'd afford that level of trust. ONE.
The State says that these are 'recommended' language to be implemented by the local AHJ's. So, I took a look around at some of the California cities to see what they had on their websites and found a different form of this certification declaration on almost every one of them. Some had softened the language, and some brought in the signature of other parties to the project (Owner, Contractor, Special Inspector, Jurisdiction Inspector).
My AHJ offers zero guidance on the form of Installation Certification, so I'm a little befuddled on how to handle this.
Look.. I'm all well and good with being 'Green' and all that stuff (I always say if you really wanted to be 'Green' you'd quit building structures...), but this is just insane; at least as far as I can see. Signing the State's recommended language is a virtual guarantee of being in violation.
Any opinions? Anybody tested these declarations in a court room? Inquiring minds want to know.
Complexity is killing this nation. I wish the whole country would dust off their copies of Joseph Tainter's 'Collapse of Complex Societies' and take a little reflection. This stuff is getting absolutely nuts. It's killing the AEC industry (which would probably suit these Agenda21 boosters just fine).
Thanks for your time on this, folks.
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David M. Sanders, Architect
Orange County, CA
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