Small Project Design

This message has been cross posted to the following Discussion Forums: Custom Residential Architects Network and Small Project Practitioners .
-------------------------------------------
Okay... Have any of you received plan check corrections or implemented the 2013 CALGreen RMM forms on your documents yet?

A friend just did a plan check with the new CALGreen measures, and the building official says they want "Installation Certificate Forms" imprinted on the drawings, along with the usual (but revised for 2013) 'Checklist' forms that list where the measures are indicated in the documents, plan check verification, and field inspection verification.

So, I went to the State HCD website to find the relevant forms.  Link: http://hcd.ca.gov/CALGreen.html . 

There, I found the 'RMM' forms.  Link: http://hcd.ca.gov/codes/calgreen/RMM_1.pdf .

On the RMM forms, for each category, there's a 'Declaration Statement' which it says must be signed by 'a person with overall responsibility for the planning and design portion of the project'.  That's the Architect or Designer, presumably.  Here's what they want me to sign:

" I certify under penalty of perjury, under the laws of the State of California, the information provided is true and correct." (italics mine)

Uh.. Okay.  I suppose I could sign that with a straight face if I'm perfect, but I'm not.  This statement seems to go a little beyond 'Reasonable Care', wouldn't you say?  But wait... It gets better.... The next line reads:

"I certify that the installed measures, materials, components, or manufactured devices identified on this certificate conform to all applicable codes and regulations, and the installation is consistent with the plans and specifications approved by the enforcing agency." (italics mine)

WHAT?  I need to CERTIFY (a powerful legal term) that the CONTRACTOR(S) have followed this complex piece of code AND my (imperfect) instruments of service to the letter, with no deviations or errors?  Are you kidding me???? 

I've got my reservations on the first statement, but there is NO WAY I am signing that second statement.  My attorney would just shoot me in the head, on-the-spot, if he saw me sign that. <g>

It seems to me that to be able to sign off on that second statement, I would need to be performing continuous, exhaustive inspections on the project.  That's just impossible.  I'm pretty good about keeping an eye on my projects, but this is completely over the top.

As we all know, I don't get the final call on what gets built.. The OWNER does.  I can inform the Owner of Work not in accordance with the CD's, but it's their call to accept it or demand correction of the non-conforming Work (and also risk rejection at AHJ inspection time).  The State is assuming I have Godlike control over installations.  I could be hauled before the board because of caulk installed by somebody unskilled.  You think the tile guys are reading the sides of the caulk tubes to see if the meet the CALGreen VOC limits?   Yeah... I know... The GC is supposed to be paying attention.  Do you trust the GC that much?  I know ONE contractor I'd afford that level of trust.  ONE.

The State says that these are 'recommended' language to be implemented by the local AHJ's.  So, I took a look around at some of the California cities to see what they had on their websites and found a different form of this certification declaration on almost every one of them.  Some had softened the language, and some brought in the signature of other parties to the project (Owner, Contractor, Special Inspector, Jurisdiction Inspector). 

My AHJ offers zero guidance on the form of Installation Certification, so I'm a little befuddled on how to handle this.

Look.. I'm all well and good with being 'Green' and all that stuff (I always say if you really wanted to be 'Green' you'd quit building structures...), but this is just insane; at least as far as I can see.  Signing the State's recommended language is a virtual guarantee of being in violation.

Any opinions?  Anybody tested these declarations in a court room?  Inquiring minds want to know.

Complexity is killing this nation.  I wish the whole country would dust off their copies of Joseph Tainter's 'Collapse of Complex Societies' and take a little reflection.  This stuff is getting absolutely nuts.  It's killing the AEC industry (which would probably suit these Agenda21 boosters just fine).

Thanks for your time on this, folks.

-------------------------------------------
David M. Sanders, Architect
Orange County, CA
-------------------------------------------

David - this language sounds unbelievable!  I suggest that you contact Mark Christian at the AIA California Council, who is their Director of Legislative Affairs.  Mark is skilled at working with agencies and advocating for what is reasonable for architects to sign.  He will probably find this of great interest. Certainly a good use of AIA's advocacy resources.

-------------------------------------------
Michael Strogoff, FAIA
Strogoff Consulting, Inc.
Mill Valley CA


Original Message:
Sent: 05-08-2014 18:48
From: David Sanders
Subject: CALGreen verification and certification SHOCKER

This message has been cross posted to the following Discussion Forums: Custom Residential Architects Network and Small Project Practitioners .
-------------------------------------------
Okay... Have any of you received plan check corrections or implemented the 2013 CALGreen RMM forms on your documents yet?

A friend just did a plan check with the new CALGreen measures, and the building official says they want "Installation Certificate Forms" imprinted on the drawings, along with the usual (but revised for 2013) 'Checklist' forms that list where the measures are indicated in the documents, plan check verification, and field inspection verification.

So, I went to the State HCD website to find the relevant forms.  Link: http://hcd.ca.gov/CALGreen.html . 

There, I found the 'RMM' forms.  Link: http://hcd.ca.gov/codes/calgreen/RMM_1.pdf .

On the RMM forms, for each category, there's a 'Declaration Statement' which it says must be signed by 'a person with overall responsibility for the planning and design portion of the project'.  That's the Architect or Designer, presumably.  Here's what they want me to sign:

" I certify under penalty of perjury, under the laws of the State of California, the information provided is true and correct." (italics mine)

Uh.. Okay.  I suppose I could sign that with a straight face if I'm perfect, but I'm not.  This statement seems to go a little beyond 'Reasonable Care', wouldn't you say?  But wait... It gets better.... The next line reads:

"I certify that the installed measures, materials, components, or manufactured devices identified on this certificate conform to all applicable codes and regulations, and the installation isconsistent with the plans and specifications approved by the enforcing agency." (italics mine)

WHAT?  I need to CERTIFY (a powerful legal term) that the CONTRACTOR(S) have followed this complex piece of code AND my (imperfect) instruments of service to the letter, with no deviations or errors?  Are you kidding me???? 

I've got my reservations on the first statement, but there is NO WAY I am signing that second statement.  My attorney would just shoot me in the head, on-the-spot, if he saw me sign that. <g>

It seems to me that to be able to sign off on that second statement, I would need to be performing continuous, exhaustive inspections on the project.  That's just impossible.  I'm pretty good about keeping an eye on my projects, but this is completely over the top.

As we all know, I don't get the final call on what gets built.. The OWNER does.  I can inform the Owner of Work not in accordance with the CD's, but it's their call to accept it or demand correction of the non-conforming Work (and also risk rejection at AHJ inspection time).  The State is assuming I have Godlike control over installations.  I could be hauled before the board because of caulk installed by somebody unskilled.  You think the tile guys are reading the sides of the caulk tubes to see if the meet the CALGreen VOC limits?   Yeah... I know... The GC is supposed to be paying attention.  Do you trust the GC that much?  I know ONE contractor I'd afford that level of trust.  ONE.

The State says that these are 'recommended' language to be implemented by the local AHJ's.  So, I took a look around at some of the California cities to see what they had on their websites and found a different form of this certification declaration on almost every one of them.  Some had softened the language, and some brought in the signature of other parties to the project (Owner, Contractor, Special Inspector, Jurisdiction Inspector). 

My AHJ offers zero guidance on the form of Installation Certification, so I'm a little befuddled on how to handle this.

Look.. I'm all well and good with being 'Green' and all that stuff (I always say if you really wanted to be 'Green' you'd quit building structures...), but this is just insane; at least as far as I can see.  Signing the State's recommended language is a virtual guarantee of being in violation.

Any opinions?  Anybody tested these declarations in a court room?  Inquiring minds want to know.

Complexity is killing this nation.  I wish the whole country would dust off their copies of Joseph Tainter's 'Collapse of Complex Societies' and take a little reflection.  This stuff is getting absolutely nuts.  It's killing the AEC industry (which would probably suit these Agenda21 boosters just fine).

Thanks for your time on this, folks.

-------------------------------------------
David M. Sanders, Architect
Orange County, CA
-------------------------------------------

David,

I've not had the pleasure yet, but it can't be more than a few weeks away.  The layers of regulation are making us pretty indispensable, though I'd rather spend my time and my fee doing beautiful things.

If I find my self in the situation you find your self in I will do this:  Since the form has to be on my drawing, through the wonders of digital magic I will put my own certification clause in the form in place of the one in the state form.  It will take into account the concerns you raised and will not having me certify work I cannot honestly certify.

A few years back I heard a lot of stories about AHJ's requiring certifications for ADA compliance.  Impossible things like that tend to get modified.

I'd add to your reading list anything by Hayek.  Road to Serfdom and Constitution of Liberty would be good choices.

-------------------------------------------
Donald Wardlaw AIA
More Than Construction, Inc.
Oakland CA
-------------------------------------------






Original Message:
Sent: 05-08-2014 18:48
From: David Sanders
Subject: CALGreen verification and certification SHOCKER

This message has been cross posted to the following Discussion Forums: Custom Residential Architects Network and Small Project Practitioners .
-------------------------------------------
Okay... Have any of you received plan check corrections or implemented the 2013 CALGreen RMM forms on your documents yet?

A friend just did a plan check with the new CALGreen measures, and the building official says they want "Installation Certificate Forms" imprinted on the drawings, along with the usual (but revised for 2013) 'Checklist' forms that list where the measures are indicated in the documents, plan check verification, and field inspection verification.

So, I went to the State HCD website to find the relevant forms.  Link: http://hcd.ca.gov/CALGreen.html . 

There, I found the 'RMM' forms.  Link: http://hcd.ca.gov/codes/calgreen/RMM_1.pdf .

On the RMM forms, for each category, there's a 'Declaration Statement' which it says must be signed by 'a person with overall responsibility for the planning and design portion of the project'.  That's the Architect or Designer, presumably.  Here's what they want me to sign:

" I certify under penalty of perjury, under the laws of the State of California, the information provided is true and correct." (italics mine)

Uh.. Okay.  I suppose I could sign that with a straight face if I'm perfect, but I'm not.  This statement seems to go a little beyond 'Reasonable Care', wouldn't you say?  But wait... It gets better.... The next line reads:

"I certify that the installed measures, materials, components, or manufactured devices identified on this certificate conform to all applicable codes and regulations, and the installation isconsistent with the plans and specifications approved by the enforcing agency." (italics mine)

WHAT?  I need to CERTIFY (a powerful legal term) that the CONTRACTOR(S) have followed this complex piece of code AND my (imperfect) instruments of service to the letter, with no deviations or errors?  Are you kidding me???? 

I've got my reservations on the first statement, but there is NO WAY I am signing that second statement.  My attorney would just shoot me in the head, on-the-spot, if he saw me sign that. <g>

It seems to me that to be able to sign off on that second statement, I would need to be performing continuous, exhaustive inspections on the project.  That's just impossible.  I'm pretty good about keeping an eye on my projects, but this is completely over the top.

As we all know, I don't get the final call on what gets built.. The OWNER does.  I can inform the Owner of Work not in accordance with the CD's, but it's their call to accept it or demand correction of the non-conforming Work (and also risk rejection at AHJ inspection time).  The State is assuming I have Godlike control over installations.  I could be hauled before the board because of caulk installed by somebody unskilled.  You think the tile guys are reading the sides of the caulk tubes to see if the meet the CALGreen VOC limits?   Yeah... I know... The GC is supposed to be paying attention.  Do you trust the GC that much?  I know ONE contractor I'd afford that level of trust.  ONE.

The State says that these are 'recommended' language to be implemented by the local AHJ's.  So, I took a look around at some of the California cities to see what they had on their websites and found a different form of this certification declaration on almost every one of them.  Some had softened the language, and some brought in the signature of other parties to the project (Owner, Contractor, Special Inspector, Jurisdiction Inspector). 

My AHJ offers zero guidance on the form of Installation Certification, so I'm a little befuddled on how to handle this.

Look.. I'm all well and good with being 'Green' and all that stuff (I always say if you really wanted to be 'Green' you'd quit building structures...), but this is just insane; at least as far as I can see.  Signing the State's recommended language is a virtual guarantee of being in violation.

Any opinions?  Anybody tested these declarations in a court room?  Inquiring minds want to know.

Complexity is killing this nation.  I wish the whole country would dust off their copies of Joseph Tainter's 'Collapse of Complex Societies' and take a little reflection.  This stuff is getting absolutely nuts.  It's killing the AEC industry (which would probably suit these Agenda21 boosters just fine).

Thanks for your time on this, folks.

-------------------------------------------
David M. Sanders, Architect
Orange County, CA
-------------------------------------------

David

Thank for sharing this.  Yikes!   First I've heard of this.    

Please forward your note to your local component executive (Jeff Gill FAIA) who is himself a licensed practicing architect; Jeff can help get the right conversations started,  

As an aside - responding to situations like this is a key reasons WHY we have an AIA - only by working together can be begin to tackle these kinds of things.

-------------------------------------------
Michael Malinowski AIA
AIA Director - California Region
Applied Architecture, Inc.
Sacramento CA
-------------------------------------------






Original Message:
Sent: 05-08-2014 18:48
From: David Sanders
Subject: CALGreen verification and certification SHOCKER

This message has been cross posted to the following Discussion Forums: Custom Residential Architects Network and Small Project Practitioners .
-------------------------------------------
Okay... Have any of you received plan check corrections or implemented the 2013 CALGreen RMM forms on your documents yet?

A friend just did a plan check with the new CALGreen measures, and the building official says they want "Installation Certificate Forms" imprinted on the drawings, along with the usual (but revised for 2013) 'Checklist' forms that list where the measures are indicated in the documents, plan check verification, and field inspection verification.

So, I went to the State HCD website to find the relevant forms.  Link: http://hcd.ca.gov/CALGreen.html . 

There, I found the 'RMM' forms.  Link: http://hcd.ca.gov/codes/calgreen/RMM_1.pdf .

On the RMM forms, for each category, there's a 'Declaration Statement' which it says must be signed by 'a person with overall responsibility for the planning and design portion of the project'.  That's the Architect or Designer, presumably.  Here's what they want me to sign:

" I certify under penalty of perjury, under the laws of the State of California, the information provided is true and correct." (italics mine)

Uh.. Okay.  I suppose I could sign that with a straight face if I'm perfect, but I'm not.  This statement seems to go a little beyond 'Reasonable Care', wouldn't you say?  But wait... It gets better.... The next line reads:

"I certify that the installed measures, materials, components, or manufactured devices identified on this certificate conform to all applicable codes and regulations, and the installation isconsistent with the plans and specifications approved by the enforcing agency." (italics mine)

WHAT?  I need to CERTIFY (a powerful legal term) that the CONTRACTOR(S) have followed this complex piece of code AND my (imperfect) instruments of service to the letter, with no deviations or errors?  Are you kidding me???? 

I've got my reservations on the first statement, but there is NO WAY I am signing that second statement.  My attorney would just shoot me in the head, on-the-spot, if he saw me sign that. <g>

It seems to me that to be able to sign off on that second statement, I would need to be performing continuous, exhaustive inspections on the project.  That's just impossible.  I'm pretty good about keeping an eye on my projects, but this is completely over the top.

As we all know, I don't get the final call on what gets built.. The OWNER does.  I can inform the Owner of Work not in accordance with the CD's, but it's their call to accept it or demand correction of the non-conforming Work (and also risk rejection at AHJ inspection time).  The State is assuming I have Godlike control over installations.  I could be hauled before the board because of caulk installed by somebody unskilled.  You think the tile guys are reading the sides of the caulk tubes to see if the meet the CALGreen VOC limits?   Yeah... I know... The GC is supposed to be paying attention.  Do you trust the GC that much?  I know ONE contractor I'd afford that level of trust.  ONE.

The State says that these are 'recommended' language to be implemented by the local AHJ's.  So, I took a look around at some of the California cities to see what they had on their websites and found a different form of this certification declaration on almost every one of them.  Some had softened the language, and some brought in the signature of other parties to the project (Owner, Contractor, Special Inspector, Jurisdiction Inspector). 

My AHJ offers zero guidance on the form of Installation Certification, so I'm a little befuddled on how to handle this.

Look.. I'm all well and good with being 'Green' and all that stuff (I always say if you really wanted to be 'Green' you'd quit building structures...), but this is just insane; at least as far as I can see.  Signing the State's recommended language is a virtual guarantee of being in violation.

Any opinions?  Anybody tested these declarations in a court room?  Inquiring minds want to know.

Complexity is killing this nation.  I wish the whole country would dust off their copies of Joseph Tainter's 'Collapse of Complex Societies' and take a little reflection.  This stuff is getting absolutely nuts.  It's killing the AEC industry (which would probably suit these Agenda21 boosters just fine).

Thanks for your time on this, folks.

-------------------------------------------
David M. Sanders, Architect
Orange County, CA
-------------------------------------------

Michael,

Thanks for the tip - Will do.

-------------------------------------------
David M. Sanders, Architect
Orange County, CA
-------------------------------------------






Original Message:
Sent: 05-09-2014 18:31
From: Michael Malinowski
Subject: CALGreen verification and certification SHOCKER

David

Thank for sharing this.  Yikes!   First I've heard of this.    

Please forward your note to your local component executive (Jeff Gill FAIA) who is himself a licensed practicing architect; Jeff can help get the right conversations started,  

As an aside - responding to situations like this is a key reasons WHY we have an AIA - only by working together can be begin to tackle these kinds of things.

-------------------------------------------
Michael Malinowski AIA
AIA Director - California Region
Applied Architecture, Inc.
Sacramento CA
-------------------------------------------





 
 

Update:

The AIA California Council has reacted quickly and effectively to the issue outlined by David Sanders in his post.  Kurk Cooknick Associate AIA and Directory of Regulation and Practice initiated in-depth conversations with the State Housing and Community Development Assistant Deputy Director - and once the problem was clearly articulated, we were encouraged to develop changes to the formal language.  A series of options have been drafted and circulated for review and comment by over a half dozen engaged AIACC volunteer Leadership as well as key AIACC and AIA Orange County staff.

This is an excellent example of how the AIA can respond very nimbly to emerging issues at the 'grassroots' level with great effect.  In my humble opinion this is an example of what Repositioning in action looks like!  


-------------------------------------------
Michael Malinowski AIA
AIA Director - California Region
Applied Architecture, Inc.
Sacramento CA
-------------------------------------------






Original Message:
Sent: 05-10-2014 04:36
From: David Sanders
Subject: CALGreen verification and certification SHOCKER

Michael,

Thanks for the tip - Will do.

-------------------------------------------
David M. Sanders, Architect
Orange County, CA
-------------------------------------------






Original Message:
Sent: 05-09-2014 18:31
From: Michael Malinowski
Subject: CALGreen verification and certification SHOCKER

David

Thank for sharing this.  Yikes!   First I've heard of this.    

Please forward your note to your local component executive (Jeff Gill FAIA) who is himself a licensed practicing architect; Jeff can help get the right conversations started,  

As an aside - responding to situations like this is a key reasons WHY we have an AIA - only by working together can be begin to tackle these kinds of things.

-------------------------------------------
Michael Malinowski AIA
AIA Director - California Region
Applied Architecture, Inc.
Sacramento CA
-------------------------------------------





 
 

Mike et al,

GOVERNMENT AFFAIRS
I agree.....many of the State Components perform various critical advocacy functions at their state capitols, like the one illustrated here in Cali.  This is one of the values of AIA that cannot be found if AIA doesn't exist.  Providing the communication platform so such needs are discovered and acted upon is another irreplaceable benefit.  Our AIAPA office staff works tirelessly on such matters.

Don't be shy about sharing this story with the many architects out there whose practices are benefitting from AIA work without providing membership support for it.

-------------------------------------------
Adam Trott AIA
Owner
Adam J. Trott Architect
Erie PA
-------------------------------------------






Original Message:
Sent: 05-14-2014 15:46
From: Michael Malinowski
Subject: CALGreen verification and certification SHOCKER

Update:

The AIA California Council has reacted quickly and effectively to the issue outlined by David Sanders in his post.  Kurk Cooknick Associate AIA and Directory of Regulation and Practice initiated in-depth conversations with the State Housing and Community Development Assistant Deputy Director - and once the problem was clearly articulated, we were encouraged to develop changes to the formal language.  A series of options have been drafted and circulated for review and comment by over a half dozen engaged AIACC volunteer Leadership as well as key AIACC and AIA Orange County staff.

This is an excellent example of how the AIA can respond very nimbly to emerging issues at the 'grassroots' level with great effect.  In my humble opinion this is an example of what Repositioning in action looks like!  


-------------------------------------------
Michael Malinowski AIA
AIA Director - California Region
Applied Architecture, Inc.
Sacramento CA
-------------------------------------------






Original Message:
Sent: 05-10-2014 04:36
From: David Sanders
Subject: CALGreen verification and certification SHOCKER

Michael,

Thanks for the tip - Will do.

-------------------------------------------
David M. Sanders, Architect
Orange County, CA
-------------------------------------------






Original Message:
Sent: 05-09-2014 18:31
From: Michael Malinowski
Subject: CALGreen verification and certification SHOCKER

David

Thank for sharing this.  Yikes!   First I've heard of this.    

Please forward your note to your local component executive (Jeff Gill FAIA) who is himself a licensed practicing architect; Jeff can help get the right conversations started,  

As an aside - responding to situations like this is a key reasons WHY we have an AIA - only by working together can be begin to tackle these kinds of things.

-------------------------------------------
Michael Malinowski AIA
AIA Director - California Region
Applied Architecture, Inc.
Sacramento CA
-------------------------------------------





 
 

Thanks to all who sent messages of support on this item.

The local AIA chapter has been sent a letter outlining our concerns, so we'll see what happens next.

-------------------------------------------
David M. Sanders, Architect
Orange County, CA
-------------------------------------------



Original Message:
Sent: 05-09-2014 18:31
From: Michael Malinowski
Subject: CALGreen verification and certification SHOCKER

David

Thank for sharing this.  Yikes!   First I've heard of this.    

Please forward your note to your local component executive (Jeff Gill FAIA) who is himself a licensed practicing architect; Jeff can help get the right conversations started,  

As an aside - responding to situations like this is a key reasons WHY we have an AIA - only by working together can be begin to tackle these kinds of things.

-------------------------------------------
Michael Malinowski AIA
AIA Director - California Region
Applied Architecture, Inc.
Sacramento CA
-------------------------------------------