Lower Southampton taxpayers could be forced to shoulder the cost to redo an unknown number of energy inspections performed by an uncertified township inspector for more than a decade.
At this point, it is unknown how many energy inspections in-house building inspector James Jones performed without required state certification, said Zoning Officer William Oettinger, who replaced former department head Carol Drioli after her retirement earlier this year. Energy inspections ensure the mechanical systems and equipment comply with approved project documents and state construction code.
Township officials learned in June that Jones was not properly state certified to perform energy reviews or inspections, a revelation included in an outside review of the zoning and building department operations. The report, prepared by Keystone Municipal Services, recommended Jones immediately stop doing the energy reviews, but it did not address if reinspection or recertification was necessary. The township has since hired a third-party consultant to take over those inspections.
An invalid inspection would technically invalidate a use and occupancy certificate associated with a structure, according to zoning and building code experts. But it’s unclear what action the township is required to take next.
The Pennsylvania Department of Labor and Industry, which oversees state building code compliance, did not specifically answer questions about if the state can order a reinspection, though agency spokeswoman Lindsay Bracale confirmed in an email that if an inspection is performed by a person who was not certified “that portion would need to be re-inspected by an individual who has proper certification in that area.”
“Energy codes change, so what is in existing structures may be sufficient, and may not be sufficient, based on the building,” Bracale wrote.
She added if a formal complaint is filed, the department would investigate and require all documentation associated with a building in the complaint.
Bracale did not directly answer what happens if a use and occupancy certificate is deemed invalid. She added that a certificate of occupancy, the final approval issued after a building passes all mandatory inspections, is “presumed to be valid,” but local building code officials have a duty to investigate if there is a complaint that a certificate was not “properly obtained.”
If the township doesn’t re-inspect, then the current zoning officer could be issued a warning letter or potentially have state certifications revoked, which are the same potential penalties facing the inspector without certification, she said. Bracale declined to comment on whether it has initiated action against any Lower Southampton zoning employee, citing department policy.
But other building code professionals believe the township must reinspect since there is a chance the structure may not meet state code.
Any inspections, approvals and certificates of occupancy issued by a non-certified inspector are invalid, said Ryan McCann, president of the Pennsylvania Association of Code Officials.
McCann added the township could face an uphill battle proving it was not legally responsible if something happened at a property that could be connected to the invalid inspection.
“It would be tough to argue any hold harmless clauses normally afforded to government inspectors when they knowingly utilized unqualified persons to enforce laws which have strict qualification requirements, and are well past any ‘grandfather’ status present in the original (state) legislation,” McCann said. A hold harmless clause protects an individual or organization from being held liable for injuries or damages.
Municipalities that allow unqualified individuals to perform required inspections short change customers, added Herman Slaybaugh, a former State College zoning officer and planner and current co-chairman of the Pennsylvania Municipal Planning Education Institute.
“This situation would be no different than having the inspector perform plumbing or electrical inspections without proper certifications,” Slaybaugh said. “Citizens of the municipality are paying through the permitting process for a service they aren’t receiving.”
The situation is already costing Lower Southampton, which is now paying its third-party consultant to do the energy inspections. The township is charged $50 or $100 for each home or business respectively for each inspection, costs the township must shoulder since inspection is not included in the current fee schedule, meaning the cost cannot be passed onto applicants, Oettinger said. Previously, energy inspections were part of the building inspection permit process, rather than handled separately, like inspections associated with electric, mechanical and plumbing permits, he added.
Township Manager John McMenamin did not respond to emails sent Monday asking how much the township has spent on energy inspections since the consult took over last month. The township’s solicitor and supervisor chairman also either did not respond or declined to answer questions about the energy inspections.
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