Public Health and Safety— Observed Structural Defects and Inspection by County Building Official

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Engineer A had an obligation to continue to pursue a resolution of the matter by working with Client B and in contacting in writing the supervisor of the county official, the fire marshal, or any other agency with jurisdiction, advising them of the structural deficiencies.

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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. The NSPE Board of Ethical Review has considered ethical dilemmas involving the public health and safety on many occasions. While there can be no one standard that applies to these types of cases, there are basic values and principles in the NSPE Code of Ethics that provide important guidance to professional engineers who are faced with such situations. An illustration of how the Board has addressed this dilemma can be found in BER Case No. 00-5. In this case, Engineer A worked for a local government and learned about a critical situation involving a bridge that was 280 feet long and 30 feet above a stream. This bridge was a concrete deck on wood piles built by the state in the 1950s. It was part of the secondary roadway system given to the counties many years ago. In June 2000, Engineer A received a telephone call from the bridge inspector stating that the bridge needed to be closed due to the large number of rotten pilings. Engineer A had barricades and signs erected within the hour on a Friday afternoon. Residents in the area were required to take a 10-mile detour. On the following Monday, the barricades were found dumped in the river, and the “Bridge Closed” sign was found beyond the trees by the roadway. More permanent barricades and signs were installed. The press published photos of some of the piles that did not reach the ground and the patchwork installed over the years. Within a few days, a detailed inspection report prepared by a consulting engineering firm, signed and sealed, indicated seven pilings required replacement. Within three weeks, Engineer A had obtained authorization for the bridge to be replaced. Several state and federal transportation departments needed to complete their reviews and tasks before funds could be used. A rally was held, and a petition w...

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Engineer A is hired by Client B to conduct a building investigation to determine the origin and cause of a fire resulting in financial loss. During the investigation, Engineer A, who was also a structural engineer, observes that the building is structurally unstable. Engineer A performs a preliminary investigation of the building and after speaking with Client B, concludes that there were recent structural changes made to the building that may have caused the roof to sag and the walls to lean outward due to insufficient lateral restraint. Engineer A also learns that following construction modifications, the building was issued a certificate of occupancy by a county building official. Although not imminent, collapse of the building is a danger, Engineer A believes. Engineer A immediately advises Client B and calls the county building official. The county building official did not return Engineer A’s phone call. Engineer A also recommended to the owners to brace the building to prevent its collapse.

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What are Engineer A’s ethical obligations under the circumstances?
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D-tuple Component Breakdown

54

Total Entities

9/9

Components Populated

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Combined Embedding
Roles R
w=0.12 384D
Engineer A Public Responsibility Engineer
The discussion holds that Engineer A, as a professional engineer facing a potential impact on the safety and welfare...
NSPE Board of Ethical Review
Authors the present opinion, drawing guidance from prior BER precedents and concluding that Engineer A had an...
Engineer A Building Investigation Engineer
Hired by Client B to investigate the origin and cause of a fire, performed a preliminary investigation, and...
Engineer A Structural Engineer
In his capacity as a structural engineer, observed that the building is structurally unstable, judged collapse a...
Client B Client
Hired Engineer A to conduct the building investigation into the fire's origin and cause, spoke with Engineer A...
County Building Official
Issued a certificate of occupancy for the building following construction modifications, and did not return Engineer...
Building Owners
Own the structurally unstable building and were advised by Engineer A to brace the building to prevent its collapse.
7 entities
Principles P
w=0.2 384D
Public Welfare in Building Hazard
The Board frames the case as a fundamental ethical dilemma in which Engineer A, facing a structurally unstable...
Corrective Action Proportionality for Building
The Board notes that no one standard applies to these cases and calibrates the required response to the circumstance...
Continued Pursuit of Building Resolution
After Engineer A brought his concerns to Client B and the county building official did not return his phone call,...
Public Welfare in Building Instability
On observing that the building is structurally unstable and judging that collapse is a danger though not imminent,...
4 entities
Obligations O
w=0.15 384D
Engineer A Public Safety Duty
Engineer A must hold paramount the safety, health, and welfare of the public upon observing that the building is...
Engineer A Risk Disclosure Duty
Engineer A must disclose to Client B and the building owners the structural instability and collapse danger...
Engineer A Continued Pursuit Duty
Engineer A must continue to pursue a resolution of the building instability matter by working with Client B and by...
Engineer A Authority Notification Duty
Engineer A must report the danger of building collapse to the appropriate authority, the county building official.
4 entities
States S
w=0.1 384D
Certificate Of Occupancy In Force
Unanswered Official Notification
Engineer A Structural Expertise
Building Collapse Danger
Engineer A Collapse Risk Finding
Fire Investigation Scope Limit
Available Escalation Avenues After Unreturned Call
7 entities
Resources Rs
w=0.1 384D
BER Case No. 89-7
BER Case No. 89-7 (topic: basic and fundamental issues of public health and safety at the core of engineering ethics)
Certificate of Occupancy
certificate of occupancy (topic: occupancy approval of the building following construction modifications)
NSPE Code of Ethics
NSPE Code of Ethics (topic: protecting the public health, safety, and welfare in engineering practice)
BER Case No. 00-5
BER Case No. 00-5 (topic: engineer's obligation to press for enforcement and escalate when an unsafe bridge is reopened)
BER Case 07-10
BER Case 07-10 (topic: proportionate notification duty when a structural danger is limited rather than imminent)
BER Case No. 90-5
BER Case No. 90-5 (topic: basic and fundamental issues of public health and safety at the core of engineering ethics)
BER Case No. 92-6
BER Case No. 92-6 (topic: basic and fundamental issues of public health and safety at the core of engineering ethics)
7 entities
Actions A
w=0.1 384D
Building Official Contact
Official Response Omission
Preliminary Structural Investigation
Client Hazard Notification
Bracing Recommendation
5 entities
Events E
w=0.08 384D
Building Fire
Barn Hazard Discovery
Structural Instability Emergence
Occupancy Certificate Issuance
Structural Hazard Discovery
Bridge Piling Deterioration
Barricade Vandalism
Replacement Authorization
Bridge Structural Movement
Barn Modification Approval
10 entities
Capabilities Ca
w=0.07 384D
Engineer A Fire Investigation
Engineer A was hired by Client B to investigate the origin and cause of the fire, performed a preliminary...
Engineer A Structural Assessment
As a structural engineer, Engineer A assessed the building, found it structurally unstable, and diagnosed recent...
Engineer A Collapse Risk Assessment
Engineer A characterized the collapse of the building as a danger, judging it real though not imminent, a risk...
Engineer A Instability Recognition
While engaged for a fire investigation, Engineer A perceived that an ethically salient condition was present, the...
Engineer A Risk Disclosure
Engineer A immediately advised Client B of the structural instability and called the county building official to...
Engineer A Bracing Advice
Engineer A recommended to the building owners that they brace the building to prevent its collapse, advising a...
Engineer A Corrective Action Reach Judgment
Engineer A, having pointed out the collapse danger, must judge how far his obligation to seek corrective action...
Engineer A Resolution Pursuit Engagement
Engineer A's duty to continue pursuing resolution presupposes the capacity to work with Client B and to contact the...
8 entities
Constraints Cs
w=0.08 384D
Engineer A No Single Standard Limit
Engineer A must not treat any one categorical standard as settling how far his obligation to seek corrective action...
Engineer A Proportionate Response Boundary
Because Engineer A did not believe the building was in danger of imminent collapse, his duty to pursue corrective...
2 entities
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