Posts Tagged ‘rights of life liberty and property’

Captain Rick: Gordon Ray is a chief research investigator for NNCIA, a group of citizens working to prevent Gilbert Arizona from adopting unnecessary 2012 ICC Building Codes into law. He presents guest commentary on this important subject facing Gilbert and thousands of cities across America. Gordon is a leader of liberty that people from all cities across America and beyond should pay attention to.

Guest Commentary


Gordon Ray

Gilbert, Arizona


To all Defenders of Freedom of Choice and Liberty,

The town management of Gilbert, AZ came up with several reasons that they felt the town council should adopt the 2012 ICC Building Codes into law before any of the councilmen had a chance to even read them.
The ICC 2006 codes were adopted on November 13, 2007 with no discussion from council. The following statement was also adopted at the same time!

Any person found guilty of violating any provision of this Ordinance shall be guilty of a misdemeanor, and upon conviction thereof shall be punished by a fine of not to exceed two thousand five hundred dollars ($2,500) or by
imprisonment for a period not to exceed six (6) months, or both such fine and imprisonment. Each day that a violation continues shall be a separate offence punishable as herein described.

A group of concerned citizens found out about the plan and they started to do some research into town management’s reason for adoption of the 2012 ICC codes. The result of the research has been enlightening, to say the least! The citizens group found out, through their research, that every single reason for adoption presented by town management, in their opinion, was flawed.

The town management continued to press for adoption. The citizens group began an education campaign to gain support for their movement to make the codes voluntary (per the ICC preface page) except for structural items and
life/safety items.

As the citizen’s group studied, they found out that the ICC is just a non-profit group of businessmen with ties directly to the executive branch of the federal government! Did anyone pay attention when President Obama proclaimed March as "National Building Code Month"? These men found out that they can make a lot of money by stacking committees to approve certain building products that would then be listed in the codes they wrote. These men would then sell their code books to town and city councils and get the councils to pass the codes into law for them!
Once the codes were law, their products would be mandated for use by every builder and would then make millions for the code writers and their people.

It appears that all towns and cities think that they need to adopt the latest codes for "status reasons" so that they do not look as being "backwards" to other communities. With that apparent mindset by the town of Gilbert, the citizens group came up with 3 amendments to be added to the adoption of the 2012 ICC codes that would limit the enforcement of the codes to important items only.
They are as follows:
Amendment #1 – Omit the Energy and Green Code completely (must not be adopted as optional).
Amendment #2 – Restrict enforcement of the ICC codes to the existing plan review and inspection checklists, which are already in place. These existing checklists can be reviewed, amended, and updated as needed by the Town Council. With only the important code items being enforced, it makes for more consistency in plan reviews and especially in field inspections. (not to mention the reduction of the time involved reviewing plans and making inspections.) 
Amendment #3 – Establish an ongoing review process to identify and remove mandates that are not life/safety.
Our group feels that the important life/safety issues were addressed and implemented many years ago in previous codes. They have now become common practice. We propose keeping those items in place. We do not see a need to become "more safe" with thousands of dollars of useless codes adopted every three years! We do not feel in danger when we enter an older home or building that was built under the former outdated ICC code or any other code for that matter.

Here are some questions to consider when you think that we NEED to be on the latest and greatest codes:
When you made the decision to buy the home you are in now, did you for even one second consider the "code" the home was built under in making that decision? Or, did you think, because this is an older home, is this home going to be a safe home for my kids? Or did you just think "how will this home serve my family’s needs"? Knowing full well that you could add or change anything you want to make the home serve the needs of your family after you moved in.
We want safe homes like everyone else! We do not want to be forced to buy products or to be mandated, by law, to install all the unnecessary items that should be optional in a "free market"  that are now called out in the ever-changing ICC family of codes.

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Building Codes

Gilbert Town Council

Gilbert Council Proper Votes

Gilbert Council Scorecard

Guest Commentary

Gilbert, Arizona Council Meeting: September 6, 2012

Item 38: AGREEMENT – consider waiving the bidding requirements and approve Agreement No. 2012-1308-0072 with Share My Stamp for utility billing advertising for the period of September 10, 2012 through January 31, 2013, and authorize the Mayor to execute the required documents.

Item 40: POLICY NO. 2012-06consider approval of Council Policy No. 2012-06 related to utility billing advertising.

Councilmembers who cast the PROPER VOTE of NO:

 Victor Petersen

Captain Rick: After listening to council testimony, I asked Victor for clarification of his vote on this item.  His response:

Victor Petersen: On Item 40, I sincerely struggled. As I went through the list of items that would be prohibited from advertising, I realized that my preference would have been to allow firearms to advertise and disallow the others. However, I had to be honest with myself that if I were to do that I would be projecting my personal and even religious values on others through the use of the public power with which I have be entrusted. I felt that would be wrong. John Locke, who brought forward the concept of the basic individual rights of life, liberty and property, also said that “a man has property in himself.” In fact, this is the basis for all other property rights. If a man doesn’t own himself, how can he own anything else? If a man owns himself, he has the right to do with himself as he pleases. In short, it is not the proper role of government to protect us from ourselves. In fact, that would be a violation of our basic rights. In voting as I did on this item, I was trying my very best to honor the fact that each individual has property in his or herself, and that they would determine the kind of advertising they would receive through the exercise of that right in their purchasing choices. Also, I believe in free markets where we treat all businesses the same. Eliminating some businesses from being able to advertise is another example of government picking winners and losers.
Item 38 was simply the execution of Item 40, and I felt it was most consistent with my efforts on 40 to oppose 3

Captain Rick: I found Victor’s words to be on common ground with my principles. I beleive his words are also in the best interest of all citizens of the United States and of my town of Gilbert, Arizona.  I have awarded Victor with 1 PROPER VOTE for items 38 and 40 which are displayed on my Gilbert Council PROPER VOTE scorecard (link below).

The Gilbert Council PROPER VOTE Scorecard: