Difference of opinions are part of daily life and the practice of architecture is no exception.  While architects apply the building code using their professional judgement, it is in the first instance, the building departments which interpret the building code. Both have a common goal: protecting the public interest.

Does the plans examiner’s interpretation result in decreased safety or increased risk to life or health?

Is the issue primarily one of cost to the client?

Is the disagreement technical (what does the code actually say?) or is it a conflict of personalities?

Understanding the nature of the disagreement or conflict is often the first step to moving things forward. Every situation is unique, but here are some points to explore when facing a challenging situation:

• If you disagree with the interpretation of the plans examiner, the first thing is to consider the strengths and weaknesses of the two interpretations. Is one stronger than the other? Has there been a Building Code Commission ruling on a similar issue?
• If discussion with the plans examiner does not result in agreement, consider escalating the issue to a manager, then to the chief building official.
• If the issue is still unresolved, you could appeal to the Building Code Commission (if the client agrees)—although this would take time and has associated costs.

In all of this, keep the client informed of the issue and the potential impact on timelines and costs. It may be better for the project to accede to the plans examiner’s interpretation, even if you are right. Remind the client that difference of opinions happen. Of course, you should not affix your seal to something you know is contrary to applicable law.

Additional resources:

Lessons Learned article: LL.01 Arbitrary Power.

CHOP Chapter 5.2 Stakeholder Management

CHOP Chapter 2.4 Building Regulations and AHJ

Practice Tip PT.08 Application for Building, Demolition, or Conditional Permits - Architect’s Participation in the Permit Process