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LILLIAN WALL REALTOR

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                                                            How Can It Be Wrong

                                                      It Was Inspected By The City.

 A common misconception about new and remodeled homes is that construction is error-free when the city has given its stamp of approval.  Building defects are rarely the fault of a negligent inspection.  The blame (or responsibility) belongs to the builder or contractor.

State law: Municipal/city building inspectors cannot be held liable for negligence.  In the case of Harshbarger v. City of Colton (January 28, 1988), the Court of Appeal ruled that the city was immune from liability providing that a public entity is not liable for an injury caused by negligent or intentional representation by an employee for failure to make an adequate inspection of property.

Municipal codes:  Section 104.2.6 of the Uniform Building Code states “The building official charged with the enforcement of this code, acting in good faith and without malice in the discharge of the duties required by this code or other pertinent law or ordinance shall not thereby be rendered personally liable for damages that may accrue to persons or property as a result of an act or by reason of an actor the omission in the discharge of such duties.”

Section 109.1 of the Uniform Building Code states “Issuance of a certificate of occupancy shall not be construed as an approval of a violation of the provisions of this code.”

From the Contractors State License Board (CSLB) (http://www.cslb.ca.gov/consumers/infocomplaint.asp):

Complaints within CSLB's jurisdiction involve alleged violations of the Contractors License Law. CSLB has jurisdiction over licensed and unlicensed contractors for up to four years from the date of an illegal act.  Violations of the law by a licensed contractor may result in a citation or charges against the contractor that could lead to suspension or revocation of the contractor's license. Citations may contain civil penalties of up to $5,000 and/or orders of correction requiring the contractor to make repairs to your project or pay you to hire others to do so.

 Section 7109 of the Business and Profession Code requires disciplinary action for “Willful disregard of plans and specifications, or failing to complete the job in a good and workmanlike manner.”

Section 7110 of the Business and Profession Code requires disciplinary action for “Willful disregard and violation of building laws.”                                     

Swimming Pool Safety 

WASHINGTON, D.C. – The U.S. Consumer Product Safety Commission (CPSC) has launched a prevention campaign as part of an intensified initiative to prevent tragic accidents.

Close supervision of young children is vital for families with a home pool -- and not just when outside using the swimming pool. A common scenario is that young children leave the house without a parent or caregiver realizing it. Children are drawn to water; not knowing the terrible danger pools can pose. Also, just because children know how to swim, doesn't mean they are safe. All children should be supervised every second while in and around the swimming pool.

 he commission offers these additional tips to prevent drowning:  Fences and walls should be at least 5-feet high and installed completely around the pool. Fence gates should be self-closing and self-latching. The latch should be out of a small child's reach. Keep furniture that could be used for climbing into the swimming pool area away from fences.

If your house forms one side of the barrier to the pool, then doors leading from the house to the pool should be protected with alarms that produce an 85 decibel when a door is unexpectedly opened.

  • Keep rescue equipment by the swimming pool and be sure a phone is poolside with emergency numbers posted.  

 

wallstreetproperties.com   

Lillian Wall
Wall Street Properties
Ph: 818-705-7370  -  Fax: 818-705-7527
18653 Ventura Boulevard, Ste 320
Tarzana, CA 91356
CA DRE License #  753680
www.wallstreetproperties.com

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