Started By
Message
locked post

Legal Question

Posted on 8/30/13 at 9:05 am
Posted by FinleyStreet
Member since Aug 2011
7895 posts
Posted on 8/30/13 at 9:05 am
So we are getting a new AC unit installed. We live in a townhouse in a gated community (yes, we're poor). The gate was open. This guy from the Codes Department (aka the Air Conditioning police) pulls up and asks the AC guy to pull his license. He doesn't have it on him because it's in another city 1.5 hours away. We can't proceed until he shows it.

Can this a-hole come on to private property for the sake of AC policing? How the frick is this allowed?

Thanks.
Posted by S1C EM
Athens, GA
Member since Nov 2007
11585 posts
Posted on 8/30/13 at 9:24 am to
Pretty sure that he can. Almost ALL code enforcement issues exist on private property (ie, you have too many cars on your lawn, you're watering your grass during a drought, you don't have a fence around your swimming pool, etc).

This is a question for Zag, really. Not sure where he is these days, though.
This post was edited on 8/30/13 at 9:25 am
Posted by h0bnail
Member since Sep 2009
7366 posts
Posted on 8/30/13 at 9:26 am to
Seems like there would atleast be a quick way to confirm that he has a valid license. Phone call to the issuing body or something...
Posted by FinleyStreet
Member since Aug 2011
7895 posts
Posted on 8/30/13 at 9:36 am to
Yeah, he was trying to get the guy on the phone.

I hate this police state we live in. JFC.

He was saying it was for my protection. I was like "thanks so much for your service. I bet you get to board the plane first when you fly."

Also, he was wearing a Bama hat.
Posted by IT_Dawg
Georgia
Member since Oct 2012
21692 posts
Posted on 8/30/13 at 9:37 am to
Absolutely legal. It varies from State to State, but in Georgia, they can walk wherever they want.
Posted by Cherokee Chinstrap
Earth, Milky Way Galaxy
Member since Nov 2012
2145 posts
Posted on 8/30/13 at 9:41 am to
quote:

Also, he was wearing a Bama hat.



A Bama fan with a clear inferiority complex, sounds about right.
Posted by Cherokee Chinstrap
Earth, Milky Way Galaxy
Member since Nov 2012
2145 posts
Posted on 8/30/13 at 9:41 am to
quote:

Also, he was wearing a Bama hat.



A Bama fan with a clear inferiority complex, sounds about right.
Posted by S1C EM
Athens, GA
Member since Nov 2007
11585 posts
Posted on 8/30/13 at 9:42 am to
quote:

Yeah, he was trying to get the guy on the phone.


How much you wanna bet the Code Officer was expecting the HVAC guy to have something on him to produce as evidence of his licensure and is now kicking himself for asking since he's got to stand out in the muggy arse weather and wait for this guy to find something?
Posted by FinleyStreet
Member since Aug 2011
7895 posts
Posted on 8/30/13 at 9:44 am to
"The right of the people to be secure in their persons, houses, papers and effects against unreasonable searches and seizures, and against the unreasonable interception of private communications by any means, shall not be violated. No warrant shall be issued except upon probable cause, supported by affidavit, particularly describing the place or places to be searched, the person or persons, thing or things to be seized, the communication to be intercepted, and the nature of evidence to be obtained. This right shall be construed in conformity with the 4th Amendment to the United States Constitution, as interpreted by the United States Supreme Court. . . ."

So much for the Constitution, I guess.
Posted by S1C EM
Athens, GA
Member since Nov 2007
11585 posts
Posted on 8/30/13 at 9:49 am to
quote:

So much for the Constitution, I guess.


Eh, pretty much.
Posted by Chef Leppard
Member since Sep 2011
11739 posts
Posted on 8/30/13 at 9:56 am to
I know you dont want to hear this, but inspectors are a very necessary evil. Unlicensed contractors can be some of the biggest vermin on the planet

Ive seen half million dollar houses built up in kentucky in areas where there was little to no enforcement where the frickhead builder cut corners so bad as not putting headers over patio doors and windows. Six months later a couple has 3k Andersen patio doors that wont close because the house has settled. With no recourse whatsoever, not even civil action
Posted by FinleyStreet
Member since Aug 2011
7895 posts
Posted on 8/30/13 at 10:01 am to
It still doesn't make sense to me. I made an agreement with this dude to install a unit for X dollars. If he fricks something, or if I didn't do my research on this guy, it's on me. It's got nothing to do with the fig in the Bama hat.
Posted by deeprig9
Unincorporated Ozora, Georgia
Member since Sep 2012
63768 posts
Posted on 8/30/13 at 10:41 am to
when the sloppy duct work in your crawlspace starts recirculating radon in your house and kills your family while you sleep, you'll see why code enforcement exists, or not, because you'll be dead.
Posted by FinleyStreet
Member since Aug 2011
7895 posts
Posted on 8/30/13 at 10:44 am to
He was finally able to get the guy on the phone and produce the required documentation.

Thanks for the feedback.
Posted by S1C EM
Athens, GA
Member since Nov 2007
11585 posts
Posted on 8/30/13 at 10:49 am to
quote:

It still doesn't make sense to me. I made an agreement with this dude to install a unit for X dollars. If he fricks something, or if I didn't do my research on this guy, it's on me.


Yeah, see.....everybody says that until the shite actually hits the fan. It really is for your protection in that sense.

I just had a guy break a pipe in a wall of a rental home that I own near Athens. I asked him to get a water supply line for a washing machine loose that was corroded onto the faucet. He's a handy man, not licensed to do any plumbing (and as far as I'm concerned, he wasn't doing plumbing). Still, he put too much pressure on the pipe trying to get the supply line off and it actually broke inside the wall. He walked away from the job, didn't say a word to me (claims he never heard the water gushing inside the wall, even though the tenants who did their pre-move-in walk-through later that evening and the property manager clearly heard it). I was 100 miles away in Greenville. Water ran for at least 20 hours. Had to replace and repair sub-flooring, drywall, etc. and that was AFTER having ServPro come in to dry the place out for 4 days.

I'm still waiting on him to pay me back the $3,200 (and I'm not holding my breath).
This post was edited on 8/30/13 at 10:51 am
Posted by DawgsLife
Member since Jun 2013
58901 posts
Posted on 8/30/13 at 11:37 am to
Also, he was wearing a Bama hat.

quote:

Absolutely legal.


Are you sure? I mean, SURELY there is something we can do to keep those things out of the state.
Posted by DawgsLife
Member since Jun 2013
58901 posts
Posted on 8/30/13 at 11:43 am to
quote:

unreasonable


The key is going to be unreasonable. If the HVAC guy is required to have a license on him at all times (And he is) then it is not unreasonable for someone to ask to see it. And, it is for your protection. Anybody can represent themselves as a HVAC expert. If he has no license and does not know what he is doing it could cost you thousands. 10-1 says your guy KNEW he was supposed to have it, and just figured he wouldn't be asked. Probably was never asked before, so he got in the habit of not carrying it with him. Bet he doesn't forget in the future.

But, as for the Constitution you are quoting, nothing was searched or seized, so it really does not apply. Besides this was written to protect against a police action of search and seizure, not against checking for lawfully required licenses and permits.

Sorry. I hope you get it put in in a timely manner.
Posted by DawgsLife
Member since Jun 2013
58901 posts
Posted on 8/30/13 at 11:46 am to
quote:

biggest vermin on the planet



SERIOUSLY? This coming from a rat? (Or at least a guy with a rat for an avatar!)
Posted by FaCubeItches
Soviet Monica, People's Republic CA
Member since Sep 2012
5875 posts
Posted on 8/30/13 at 1:05 pm to
quote:

But, as for the Constitution you are quoting, nothing was searched or seized, so it really does not apply. Besides this was written to protect against a police action of search and seizure, not against checking for lawfully required licenses and permits.



Most "lawfully required licenses and permits" are nothing of the sort. Government simply arrogated themselves the power to license activity, both as a social control and a revenue-generating method. And people let them do it. Hell, some of these "lawfully required licenses and permits" - gun permits, for example - are expressly illegal under the supreme law of the land. Hunting/fishing licenses are another example - wildlife is ferae naturae - no one has any right of possession over it unless they catch it; but by licensing hunting and fishing, we've basically returned to the idea of "the King's deer".
Posted by FinleyStreet
Member since Aug 2011
7895 posts
Posted on 8/30/13 at 1:19 pm to
Well the Codes guy wanted the AC guy to stop by his office and talk to the Code Guys boss after he finished the job. The AC guy didn't go, so not real sure where that leaves me, but at least the upstairs is cooled off.
first pageprev pagePage 1 of 2Next pagelast page

Back to top
logoFollow SECRant for SEC Football News
Follow us on Twitter and Facebook to get the latest updates on SEC Football and Recruiting.

FacebookTwitter