Public Health And Safety - Code Enforcement
Case 79
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It was not ethical for Engineer A to agree to concur with the chairman’s proposal under the facts. Additionally, it was not ethical for Engineer A to sign inadequate inspection reports. (See Code Section II.1.b.).
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The duty to hold paramount the public health, safety, and welfare is among the most basic and fundamental obligations to which an engineer is required to adhere. While in many instances, the obligation is often clear and obvious, in other instances, there could be an obligation on the part of the engineer to balance competing or concurrent obligations or responsibilities to protect the public health and safety. The facts of this case are in many ways a classic ethical dilemma faced by many engineers in their professional lives. Engineers have a fundamental obligation to hold paramount the safety, health, and welfare of the public in the performance of their professional duties (See Code Section I.1.). Moreover, the Code provides guidance to engineers who are confronted with circumstances where their professional reputations are at stake. Sometimes engineers are asked by employers or clients to sign off on documents about which they may have reservations or concerns (See Code Section II.1.b.).
The Board has addressed public health and safety issues in the code and approval process on numerous occasions. In BER Case 92-4, Engineer A, an environmental engineer employed by the state environmental protection division, was ordered to draw up a construction permit for construction of a power plant at a manufacturing facility. He was told by a superior to move expeditiously on the permit and "avoid any hang-ups" with respect to technical issues. Engineer A believed the plans as drafted were inadequate to meet the regulation requirements and that outside scrubbers to reduce sulfur dioxide emissions were necessary and without them the issuance of the permit would violate certain air pollution standards as mandated under the 1990 Clean Air Act. His superior believed that the plans, which involved limestone mixed with coal in a fluidized boiler process that would remove 90% of the sulfur dioxide, will meet the regulatory requirements. Engineer A contacted the state engineering...
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Engineer A serves as a director of a building department in a major city. Engineer A has been concerned that as a result of a series of budget cutbacks and more rigid code enforcement requirements, the city has been unable to provide a sufficient number of qualified individuals to perform adequate and timely building inspections. Each code official member of Engineer A’s staff is often required to make as many as 60 code inspections per day. Engineer A believes that there is no way even the most conscientious code official can make 60 adequate, much less thorough, inspections in one day, particularly under the newer, more rigid code requirements for the city. These new code requirements greatly enhance and protect the public’s health and safety. The code officials are caught between the responsibility to be thorough in their inspections and the city’s desire to hold down costs and generate revenue from inspection fees. Engineer A is required to sign off on all final inspection reports.Engineer A meets with the chairman of the local city council to discuss his concerns. The chairman indicates that he is quite sympathetic to Engineer A’s concerns and would be willing to issue an order to permit the hiring of additional code officials for the building department. At the same time, the chairman notes that the city is seeking to encourage more businesses to relocate into the city in order to provide more jobs and a strengthened tax base. In this connection, the chairman seeks Engineer A’s concurrence on a city ordinance that would permit certain specified buildings under construction to be “grandfathered” under the older existing enforcement requirements and not the newer, more rigid requirements now in effect. Engineer A agrees to concur with the chairman’s proposal, and the chairman issues the order to permit the hiring of additional code officials for the building department, which Engineer A believes the city desperately needs.
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Was it ethical for Engineer A to agree to concur with the chairman’s proposal under the facts?
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Find Similar CasesD-tuple Component Breakdown
55
Total Entities9/9
Components Populated9/9
With EmbeddingsCombined Embedding
Roles
R
w=0.12
384D
Developers Regulated Parties
Parties who would be permitted under the chairman's arrangement to avoid compliance with the newer, updated building...
City Employer
Major city that employs Engineer A and the code officials, has been unable to provide a sufficient number of...
Engineer A Building Department Director
Director of the city building department concerned that budget cutbacks and more rigid code enforcement requirements...
Code Officials Inspection Staff
Staff members of Engineer A’s building department who perform code inspections, often required to make as many as 60...
Chairman City Council Official
Chairman of the local city council who is sympathetic to Engineer A’s staffing concerns, offers to issue an order...
Public Health Safety Beneficiary
The public whose health and safety are enhanced and protected by the newer, more rigid code requirements, and who...
Board of Ethical Review Adjudicator
Reviews the ethical dilemma faced by Engineer A, surveys prior BER cases on public health and safety in the code and...
7 entities
Principles
P
w=0.2
384D
Public Welfare in Code Enforcement
Engineer A's concern that budget cutbacks leave too few qualified inspectors to perform adequate and timely building...
Public Welfare in Code Enforcement Dilemma
The Board advises that Engineer A should make it plain and clear to the chairman that righting a wrong with another...
2 entities
Obligations
O
w=0.15
384D
Engineer A Chairman Advisory Duty
Engineer A should make it plain and clear to the chairman that righting a wrong with another wrong does grave damage...
Code Officials Thorough Inspection Duty
The code officials must be thorough in their building inspections so that each inspection is adequate under the...
Engineer A Report Sign-Off Duty
Engineer A is required to sign off on all final inspection reports of the building department.
Engineer A Public Safety Duty
Engineer A must hold paramount the public's health and safety in directing building code enforcement, including...
Engineer A Corrective Insistence Duty
Engineer A should insist that the public will be seriously damaged in either case and that undermining the integrity...
5 entities
States
S
w=0.1
384D
Newer Rigid Code Requirements In Effect
Chairman Arrangement Impropriety Appearance
Code Enforcement Integrity Erosion Risk
Engineer A Inspection Inadequacy Belief
Building Department Inspection Shortage
Code Officials Thoroughness Cost Conflict
Engineer A Concurrence Hiring Bargain
Public Exposure From Inadequate Inspections
Proposed Grandfathering Of Specified Buildings
BER Precedent Guidance Sufficiency
10 entities
Resources
Rs
w=0.1
384D
NSPE Code of Ethics
NSPE Code of Ethics (topic: engineers' paramount duty to public health, safety, and welfare and advising employers...
BER Case 92-4
BER Case 92-4 (topic: an engineer's ethical refusal to issue a construction permit he believed would violate...
BER Case 65-12
BER Case 65-12 (topic: engineers' ethical justification for refusing to participate in producing a product they...
BER Case 82-5
BER Case 82-5 (topic: an engineer's ethical right, as a matter of personal conscience, to pursue reporting employer...
BER Case 88-6
BER Case 88-6 (topic: a city engineer's failure to report ongoing legal violations to the proper state authorities...
5 entities
Actions
A
w=0.1
384D
Grandfathering Concurrence
Inspection Report Sign-Off
Concern Escalation Meeting
Conditional Quid Pro Quo Offer
Hiring Order Issuance
5 entities
Events
E
w=0.08
384D
Overflow Capacity Problem
Budget Cutbacks
Code Requirements Tightening
Inspection Overload Onset
License Sanction Warning
Permit Authorization Override
Responsibility Removal
Ongoing Legal Violation Continuation
8 entities
Capabilities
Ca
w=0.07
384D
Engineer A Report Sign-Off Control
As director of the building department, Engineer A holds sign-off authority over all final inspection reports, the...
Engineer A Inspection Adequacy Assessment
Engineer A exercises professional judgment about whether 60 inspections per day can be adequate and thorough under...
Engineer A Corrective Insistence Advocacy
Engineer A's duty to insist that public officials take corrective steps presupposes the competence to press...
Engineer A Situation Recognition
Engineer A perceives that budget cutbacks and rigid new enforcement requirements have left too few qualified...
Engineer A Stakeholder Engagement
Engineer A raises his staffing and inspection adequacy concerns with the city council chairman, the responsible...
Code Officials Code Inspection
The code officials on Engineer A's staff perform the city's building code inspections, up to 60 per day, the...
Engineer A Ethical Trade-off Reasoning
Engineer A confronts the classic dilemma of weighing a better building inspection process against a consistent code...
Board Precedent Reasoning
The Board of Ethical Review surveys prior BER cases addressing public health and safety in the code and approval...
Engineer A Chairman Disclosure
Engineer A's duty to advise the chairman presupposes the competence to make it plain and clear that righting a wrong...
9 entities
Constraints
Cs
w=0.08
384D
Code Officials Inspection Workload Limit
Given the department's shortage of qualified individuals, no code official can make 60 adequate, much less thorough,...
Building Department Grandfathering Ordinance Boundary
The building department directed by Engineer A may not enforce specified buildings under construction under the...
Engineer A Grandfathering Bargain Prohibition
Engineer A must not agree to the chairman's arrangement permitting the inconsistent application of the building code...
Engineer A Reserved Sign-Off Limit
Engineer A must not sign off on final inspection reports about which he has reservations or concerns regarding their...
4 entities
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