Public Health and Safety—Building Codes to Address Environmental Risk

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Created
2026-02-13 16:13
Updated
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Engineer A should continue to pursue discussions with Client A to convince Client A of the danger in which future residents, as well as the general public, could be placed, and the potential for significant property and environmental damage. If Client A refuses to agree with Engineer A’s design standard, Engineer A should withdraw from the project.

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As the BER has noted on several occasions, engineers play an essential role in society by taking steps and actions to ensure that products, systems, facilities, structures, and the land surrounding them are reasonably safe. Sometimes engineers are placed in situations in which they must balance their obligations to their employer or client with their obligations to protect the public health and safety. NSPE Code Section III.2.d. places some additional responsibilities on engineers for the protection of the environment. In BER Case No. 04-8, Engineer A, an environmental engineer, performed wetland delineation services on the client’s wetland site. A few months after Engineer A completed the services, he drove by his client’s property and noticed that the client had installed a substantial amount of fill material on more than half an acre across a portion of the wetlands without any permits, variances, or permissions. The installation of the fill material was a substantial violation of the federal and state laws and regulations. In its decision, the BER set forth an appropriate course of action for Engineer A, concluding that Engineer A should contact the client, inquire about the actions the client had taken, and point out that the actions were a violation of the law—and that steps needed to be taken to remedy the violation or obtain a variance from the proper authorities. In this connection, the engineer should advise that the remedial actions should be in full compliance with all applicable environmental laws and regulations, which may include review by a licensed engineer. If appropriate steps were not taken by the client, Engineer A had an obligation to bring the matter to the attention of the appropriate authorities. In BER Case 07-6, Engineer A was a principal in an environmental engineering firm and had been requested by a developer client to prepare an analysis of a piece of property adjacent to a wetlands area for potential development as a residential con...

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Engineer A is an engineer in private practice. Engineer A is retained by Client A, a developer, to perform hydrodynamic modeling and coastal risk assessment in connection with potential climate change and sea level rise for a residential development project near a coastal area. The geographic area in which Client A is planning to build the project currently has no building code in place. Based on newly released information as well as a recently developed algorithm that includes newly identified historic weather data, Engineer A believes the residential development project should be built to a 100-year projected storm surge elevation, due to public safety risks even at lower projections of future surge level rise. Because of the increased cost, Owner refuses to agree that the residential development project be built to a 100-year projection storm surge elevation.

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

40

Total Entities

9/9

Components Populated

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Combined Embedding
Roles R
w=0.12 384D
Engineer A Consultant Engineer
Retained to perform hydrodynamic modeling and coastal risk assessment for a coastal residential development, and...
Engineer A Public Responsibility Engineer
The Board holds that Engineer A's public safety determination should prevail over the developer's cost concerns,...
Local Government Officials
Identified by the Board as officials Engineer A should consider contacting to advocate for the implementation of...
Future Residents and General Public
The parties the Board finds would be placed at risk, with the potential for significant property and environmental...
4 entities
Principles P
w=0.2 384D
Environmental Protection in Coastal Development
The Board's citation of Code Section III.2.d as placing additional environmental protection responsibilities on...
Public Welfare in Coastal Design
Engineer A's professional judgment, based on newly released information and a recently developed algorithm...
Public Welfare in Storm Surge Design
Engineer A's determination that the residential development should be built to a 100-year projected storm surge...
Client Loyalty Balanced Against Safety
Engineer A's obligation to Client A, whose desire to reduce costs the Board acknowledges as understandable and a...
Professional Judgment on Technical Competence
Engineer A's determination of the 100-year projected storm surge design standard, grounded in historical weather...
5 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 in his coastal risk assessment, which...
Engineer A Client Persuasion Duty
Engineer A should continue to pursue discussions with Client A to convince Client A of the danger in which future...
Engineer A Conditional Withdrawal Duty
If Client A refuses to agree with Engineer A's 100-year projected storm surge design standard, Engineer A should...
3 entities
States S
w=0.1 384D
Property And Environmental Damage Exposure
No Building Code In Project Area
Engineer A Storm Surge Finding
Coastal Storm Surge Safety Risk
Owner Cost Based Refusal
Presumed Good Faith Determination
Client Duty Versus Public Safety Conflict
7 entities
Resources Rs
w=0.1 384D
BER Case 07-6
BER Case 07-6 (topic: engineer's duty to include information about a threatened species in a report submitted to a...
NSPE Code of Ethics
NSPE Code of Ethics (topic: responsibilities of engineers for the protection of the environment)
BER Case 04-8
BER Case No. 04-8 (topic: engineer's course of action upon discovering a client's unpermitted wetland fill violating...
Historic Weather Data and Algorithm
newly released technical information and a recently developed algorithm incorporating newly identified historic...
4 entities
Actions A
w=0.1 384D
Continued Client Persuasion
Client Engagement Retention
Professional Safety Determination
Client Standard Refusal
Project Withdrawal
Building Code Advocacy
6 entities
Events E
w=0.08 384D
New Data Release
1 entity
Capabilities Ca
w=0.07 384D
Engineer A Ethical Reasoning
The Board's reasoning presupposes Engineer A's competence to weigh the developer's legitimate cost concerns against...
Engineer A Coastal Risk Assessment
Engineer A is retained to perform coastal risk assessment for a coastal residential development and identifies...
Engineer A Hydrodynamic Modeling
Engineer A performs hydrodynamic modeling in connection with potential climate change and sea level rise for the...
Engineer A Professional Judgment
Engineer A forms the professional conclusion that the development should be built to a 100-year projected storm...
Engineer A Data Currency
Engineer A bases his assessment on newly released information and a recently developed algorithm that includes newly...
Engineer A Risk Persuasion
The Board's directed course of action, continuing to pursue discussions with Client A to convince the client of the...
Engineer A Withdrawal Judgment
The conditional duty to withdraw from the project if Client A refuses to agree with the 100-year projected storm...
Engineer A Stakeholder Engagement
The Board says Engineer A should consider, as a discretionary step, contacting local government officials to...
8 entities
Constraints Cs
w=0.08 384D
Owner Cost Refusal Design Limit
Engineer A may not proceed with having the residential development project built to a 100-year projected storm surge...
Engineer A Cost Over Safety Limit
Engineer A must not allow Client A's desire to reduce costs to prevail over the apparent substantial risk to life...
2 entities
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