Certainly it has occurred to me but I would hope that isn't the case. There are 
some union and some non in the area. While some may not like that we are in 
their backyard I prefer to think that this issue is just a lack of 
sophistication on ths part of the badge. 

Ron fletcher Sent from my iPhone

> On Jul 19, 2014, at 4:06 PM, "Forest Wilson" <[email protected]> wrote:
> 
> The COO is more than just a formality.
> If an owner occupies without the COO, he/ she is subject to arrest by armed 
> marshals.
> It doesnt matter if its a mall owner or a small homeowner out in the middle 
> of nowhere.
> If she/he resists arrest or removal they may be killed, and at the very 
> minimum imprisoned.
> Why would any sensible owner risk that over a piece of paper?
> 
> A friend of mine is a roofing contractor.
> They had a regional contract with a fast food chain; one of the projects was 
> in the greater Chicago area. They needed a sign off but the AHJ would not 
> schedule the inspection. Finally he went down to her office and she told him: 
> WE dont like you here (he was non union) and dont want you here.
> He agreed to never do business in her jurisdiction again; in return she went 
> out and signed off on the roof inspection.
> 
> Since you are the out of town contractor, have you considered that perhaps 
> the AHJ is sending you a similar message of staying out of town and not 
> biting into the locals work?
> 
> 
>> On 7/19/2014 6:54 PM, John Drucker - Home wrote:
>> Bob,
>> 
>> Unfortunately they can indirectly by withholding a certificate of approval,
>> compliance or occupancy.  Most property owners need this document for
>> closing, insurance or tenancy and or their attorney advises them that they
>> will or have now broken an adopted law or regulation.  So despite the
>> illegitimacy of the code officials claim the property owner or tenant has
>> now legitimately broken the rules by occupying without a certificate of
>> occupancy and or certificate of approval. In other words the enforcing
>> agency holds the cards.
>> 
>> Code Enforcement is a legal process and like all or most legal processes in
>> the United States the aggrieved must petition for relief, in code
>> enforcement parlance by filing an appeal.  The appeal allows the appellant
>> to present his/her position to an independent body who will render a
>> decision in favor of the appellant or the government.  I cant speak for
>> other states but in New Jersey decisions of boards of appeals are binding on
>> the enforcing agency, but this is important they don't set precedent and or
>> amend the code. In other words one could win an appeal in one jurisdiction
>> only to have to go through the process in another.  As for the state level
>> unless theirs maleficence the state cannot overrule a local enforcing agency
>> since the local enforcing agencies appointment bestows approval authority to
>> the local enforcing agency.
>> 
>> There is good reason for this, to avoid undue political influence, approve
>> this project but not this one.  So what's a contractor to do, file an
>> appeal, that's the proper route, but keep in mind that boards of appeal
>> typically set aside cost of compliance issues much like requests for
>> variations cannot be based on financial hardship. So be sure the code
>> official is imposing above and beyond the adopted code including any
>> interpretive authority bestowed to the code official.   Those in the
>> electrical field know all too well about NEC;
>> 
>> NEC 90.4 Enforcement. This Code is intended to be suitable for mandatory
>> application by governmental bodies that exercise legal jurisdiction over
>> electrical installations, including signaling and communications systems,
>> and for use by insurance inspectors. The authority having jurisdiction for
>> enforcement of the Code has the responsibility for making interpretations of
>> the rules, for deciding on the approval of equipment and materials, and for
>> granting the special permission contemplated in a number of the rules. By
>> special permission, the authority having jurisdiction may waive specific
>> requirements in this Code or permit alternative methods where it is assured
>> that equivalent objectives can be achieved by establishing and maintaining
>> effective safety. This Code may require new products, constructions, or
>> materials that may not yet be available at the time the Code is adopted. In
>> such event, the authority having jurisdiction may permit the use of the
>> products, constructions, or materials that comply with the most recent
>> previous edition of this Code adopted by the jurisdiction.
>> 
>> So there you have it in a nutshell, I'm not siding with either party just
>> presenting information.  Best wishes.
>> 
>> Sincerely,
>> 
>> John Drucker, CET
>> Assistant Construction Official
>> Fire Protection Subcode Official
>> Building/Fire/Electrical Inspector
>> Borough of Red Bank
>> Red Bank, New Jersey
>> Email: [email protected]
>> Cell/Text: 732-904-6823
>> 
>> 
>> 
>> 
>> -----Original Message-----
>> From: Sprinklerforum [mailto:[email protected]]
>> On Behalf Of Bob
>> Sent: Saturday, July 19, 2014 2:49 PM
>> To: [email protected]
>> Subject: RE: Segue to AHJ's from CPVC Underground
>> 
>> What does unwritten policy have to do with anything?  If it's not an adopted
>> code amendment can they enforce it legally?
>> 
>> Thank You,
>> 
>> Bob Knight, CET III
>> 208-318-3057
>> www.Firebyknight.com
>> 
>> 
>> -----Original Message-----
>> From: Sprinklerforum [mailto:[email protected]]
>> On Behalf Of [email protected]
>> Sent: Saturday, July 19, 2014 6:15 AM
>> To: [email protected]
>> Subject: Re: Segue to AHJ's from CPVC Underground
>> 
>> The stance of the AHJ is that their unwritten policy is pumps can only be
>> used at 100%. They also believe that 1500 gpm pumps will only produce 1500
>> gpm, and we have to use 2 2000 gpm pumps to get 4000 gpm. They don't think
>> pressure is even a factor.
>> 
>> Ron fletcher Sent from my iPhone
>> 
>>>> On Jul 19, 2014, at 5:00 AM, "Johnson, Duane (NIH/OD/ORS) [C]"
>>> <[email protected]> wrote:
>>> There are so many things wrong here. But, you may be able to make this
>> work regardless. Did you take your 75% reduction in fire flow based on the
>> fully sprinklered exception in B105.2? If you are starting at 4000 gpm, the
>> required flow can be reduced to 1500 gpm if fully sprinklered. Doesn't that
>> work with your pumps?
>>> Duane
>>> 
>>> ----- Original Message -----
>>> From: Johnson, Duane (NIH/OD/ORS) [C]
>>> Sent: Saturday, July 19, 2014 07:51 AM Eastern Standard Time
>>> To: '[email protected]'
>>> <[email protected]>
>>> Subject: Re: Segue to AHJ's from CPVC Underground
>>> 
>>> Has Annex B been adopted?  See 101.2.1?
>>> 
>>> Duane
>>> 
>>> ----- Original Message -----
>>> From: [email protected] [mailto:[email protected]]
>>> Sent: Saturday, July 19, 2014 07:35 AM Eastern Standard Time
>>> To: [email protected]
>>> <[email protected]>
>>> Subject: Re: Segue to AHJ's from CPVC Underground
>>> 
>>> Hi John,
>>> What Ron didn't say is that the AHJ is trying to connect chapter 5 of
>>> the IFC and table B105.2 fire flow requirements to our sprinkler
>>> system pumps. We conceded early on to furnish a redundant pump because
>>> it was specified that way, but the FM is expecting the fire pumps to
>>> provide the 4000 GPM from B105.2 at the sprinkler (ESFR) demand
>>> pressure (165 PSI) and do so at the 100% design point of the fire
>>> pump. We submitted our design with two 1500 GPM pumps piped in
>>> parallel along with calcs for the storage sprinklers flowing at around
>>> 165 PSI at the pump discharge. The city water system which supplies
>>> the project flow tested at 5700 GPM at 74 PSI from two 4" hydrant
>>> butts. No one at the AHJ's office understands how to read a fire code,
>>> or any other code for that matter. They are "Code Alchemist", taking a
>>> paragraph from chapter 5,  table from the annex, and numbers from our
>>> calcs, mix 'em all together in an AHJ beaker and BOOM!! "Minimum code
>>> requirement". See? This stuff ain
>>  't
>>>  all that hard.
>>> 
>>> Mark at Aero
>>> 602 820-7894
>>> 
>>> Sent from my iPad
>>> 
>>>> On Jul 19, 2014, at 2:24 AM, "John Drucker"
>>> <[email protected]<mailto:[email protected]>> wrote:
>>> Like how you wrote; " everything is per code except we have".
>>> "Except" ?,
>> Are you/they saying that having two pumps rather than one is a violation;
>> I.e. " 4000 GPM at 160 vs 4000 at 165" and you're short 5 psi ?  So two code
>> violations, two pumps and short 5 psi. Now before you chop my head off,
>> consider two things wheres the one pump and 165 psi coming from ? Somehow
>> apparently this has been planted in the ahjs head, I'm certain he/she didn't
>> come up with it on there own. Now you're stuck.  Frankly and using common
>> sense are you hitting demand, does everything fit and work together, is the
>> principal designer and owner ok with it ?  Move forward.
>>> John Drucker - Mobile Email
>>> [email protected]<mailto:[email protected]><mailto:jdrucker@
>>> redbanknj.org>
>>> Cell/Text 732-904-6823
>>> 
>>> 
>>> [email protected]<mailto:[email protected]> wrote:
>>> 
>>> How about everything is per code except we have two pumps rather than
>> one.and we have 4000 GM at 160 psi instead of.4000 gpm at 165 psi. Most
>> ignorant thing I have ever seen. Just found out the chief told plan reviewer
>> no more written correspondence. I guess because they don't want a written
>> orecord of their stupidity. Please forgive my frustration but I just don't
>> know where to go from here..
>>> Ron fletcher Sent from my iPhone
>>> 
>>>> On Jul 18, 2014, at 4:24 PM, "John Drucker - Home"
>>> <[email protected]<mailto:[email protected]>> wrote:
>>> Ron, et.al.
>>> 
>>> I don't know the particulars of your situation but we have a saying;
>>> there's your side, their side and the truth.  Perhaps there's an issue
>>> with the code itself,  a local amendment or interpretation. There's
>>> got to be something driving this.
>>> 
>>> Case in point about a reference standard, NFPA-72 speaks of wall
>>> mounted smoke detectors/alarms and calls out a distance yet the
>>> illustration in the annex is worded differently than the code.
>>> 
>>> 29.8.3.3 Wall Mounting. Smoke alarms or smoke detectors mounted on
>>> walls shall be located NOT FARTHER than 12 in. (300 mm) from the
>>> adjoining ceiling surface.
>>> 
>>> Yet the annex A.29.8.3 notes;  "Measurements shown are to the closest
>>> edge of the detector".
>>> 
>>> According to the annex this would place part or most of the alarm or
>>> detector FARTHER than 12 in. from the adjoining ceiling surface.
>>> 
>>> It's important to note that Annex A opens with the following
>>> statement;
>>> 
>>> "Annex A is not a part of the requirements of this NFPA document but
>>> is included for informational purposes only. This annex contains
>>> explanatory material, numbered to correspond with the applicable text
>> paragraphs"
>>> Yet when brought to NFPA's attention the answer from the NFPA
>>> representative was interpreted from the Annex material.  This is
>>> clearly incorrect, the annex and the illustration are not part of the
>> code.  In either case fix the
>>> code language or the annex.   The same happens in I Code Commentaries and
>>> various subject matter books that often interpret, amend or supplement
>>> the actual code language.  In a nutshell our codes and standards have
>>> become a maze of requirements, exceptions and interpretations.  This
>>> should be a warning flag to the code community.  Perhaps the code
>>> official has just reached his limit and is instead relying on
>>> empirical experience in the face of confusion.
>>> 
>>> I have situation at this very moment on two different projects that
>>> impose an operational issue for the fire department, one that the code
>>> is not considering.  However my approach is to get everyone around the
>>> table do some brainstorming and come up with an equitable technical
>> solution.
>>> Perhaps by finding the root cause of your situation the stakeholders will
>>> put down their swords and solve the problem.   Food for thought.
>>> 
>>> Best wishes, always available should the need arise.
>>> 
>>> Sincerely,
>>> 
>>> John
>>> 
>>> John Drucker, CET
>>> Assistant Construction Official
>>> Fire Protection Subcode Official
>>> Building/Fire/Electrical Inspector
>>> Borough of Red Bank
>>> Red Bank, New Jersey
>>> Email: [email protected]<mailto:[email protected]>
>>> Cell/Text: 732-904-6823
>>> 
>>> Safe Buildings Save Lives !
>>> 
>>> 
>>> 
>>> 
>>> 
>>> 
>>> 
>>> 
>>> 
>>> 
>>> 
>>> 
>>> -----Original Message-----
>>> From: Sprinklerforum
>>> [mailto:[email protected]]
>>> On Behalf Of [email protected]<mailto:[email protected]>
>>> Sent: Friday, July 18, 2014 1:04 PM
>>> To:
>>> [email protected]<mailto:[email protected]
>>> esprinkler.org>
>>> Subject: Segue to AHJ's from CPVC Underground
>>> 
>>> It's Friday so I figured I'd whine on the forum.  To set the stage,
>>> prior to the letter I am referring to we had approved permitted
>>> drawings from the AHJ. The following is a quote from a letter we
>>> received
>> from that same AHJ.
>>> "At this time , Blah Blah Blah Fire Protection District is denying
>>> said plans and is requesting a re-submittal of new plans that exceed
>>> IFC, UFC, and NFPA standards." Nowhere in the body of the letter does
>>> he say exactly how we are to "EXCEED" IFC, UFC and NFPA. In the letter
>>> they basically outline that what was submitted meets the all of the
>>> codes. I was told by the author of the letter at a meeting the day
>>> before that he didn't care what the code said because he is the AHJ
>>> and per Section 104 of the IFC he can make us do whatever he wants.
>>> Then he said "do it my way or there will be no Certificate of
>>> Occupancy."  We are 4-5 weeks away from a CofO and the change involves
>>> increasing the size of two new diesel pumps that are being installed.
>>> The fire chief told us to go to the State Fire Marshal if we wanted to
>> appeal. I'm a bit frustrated with AHJ's right now.
>>> Ron F
>>> _______________________________________________
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> 
> -- 
> Forest Wilson
> Project Manager
> 193 California St
> Xenia OH 45385
> Ph: 937-736-0425
> 
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