Building Inspector Found to Be Immune From Claims of Negligence

In the case of Brown v. Taylor Construction and Demolition, No. 13-CV-2727 (C.P. Lacka. Co. April 2, 2020 Nealon, J.), the court addressed a request from a building official for a finding of immunity from claims liability relative to residential construction work.

According to the Opinion, residential property owners, who allegedly suffer damage as a result of negligent construction work by a contractor, filed suit against the contractor and the entity that was hired to act as the borough’s building construction code official to perform inspections and to grant approvals for construction activities upon request by the contractor. 

The Plaintiffs alleged that the contractor completed substandard work without requesting any inspection or obtaining the proper approvals of the work completed. 

The Plaintiffs separately asserted that the building official was allegedly negligent in conducting inspections and in failing to issue stop work orders.

The case came before the court by way of a Motion for Summary Judgment filed by the building official. The building official asserted that he was immune from liability under the International Residential Code and the Political Subdivision Tort Claims Act. 

Judge Nealon noted that, under the International Residential Code, a building construction code official is immune from liability for any act or omission in the discharge of his or her official duties for the borough which occurred while acting “in good faith and without malice.” 

The court noted that, in this matter, the records lacked any evidence to support a claim that the borough construction code official acted with any malice or bad faith. 

Accordingly, the court held that it was free and clear from doubt that the building construction code official was entitled to judgment as a matter of law. As such, summary judgment was granted.

Anyone wishing to review a copy of this decision may click this LINK.

Building Code Officials Granted Immunity Under Tort Claims Act

Whether building code officials contracted to enforce the Construction Code Act by a local governmental entity are entitled to immunity under the Tort Claims Act was addressed in the case of Hartzell v. SM Ross, Inc., et.al., No. GD 17-CV-011430 (C.P. Allegh. Co. March 25, 2019 Connelly, J.).  In this case, the court ruled in favor of the Defendants, finding that these particular Defendants were indeed afforded immunity in negligence causes of action.  

According to the Opinion, this case arose following a landslide which damaged the Plaintiff’s newly purchased home.   The Plaintiffs failed a Complaint against Building Inspection Underwriters, Inc. and other Defendants, including a local governmental agency. 

The court generally noted that the local governmental agency was entitled to the immunity provided under 42 Pa. C.S.A. §8541 of the Tort Claims Act. 

The court additionally noted that the Pennsylvania Code requires that local governmental entities appoint a building code official to enforce the Construction Code Act.  

In part, the Plaintiffs sued the Borough Code Officials for failing to enforce the code provisions relative to the premises at issue.   In response, those particular Defendants asserted that they were entitled to protections afforded by the Tort Claims Act.   In the end, the court ruled that the Tort Claims Act does indeed afford immunity to Building Code Officials contracted to enforce the Construction Code Act by a local governmental agency.

Anyone wishing to review a copy of this decision may click this LINK.

I send thanks to Attorney William J. Bryers of the Philadelphia law firm of Pillinger, Miller, Tarallo, for bringing this case to my attention.