Missouri Hair Braiders

Pertinacious Tom

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Massachusetts Becoming Somalia
 

Massachusetts became the to eliminate licensing for natural hair braiders, thanks to a bonding bill signed late Thursday by Gov. Charlie Baker. With a rich heritage spanning millennia, natural hair braiding is a beauty practice common in many African American and African immigrant communities. Unlike cosmetologists, braiders do not cut hair or use any harsh chemicals or dyes in their work.

Yet Massachusetts was one of just seven states nationwide (and the only state in New England) that forced natural hair braiders to become licensed cosmetologists or hairstylists before they could work legally. In Massachusetts, a hairdresser license takes at least 1,000 hours of classes–an enormous burden, especially since many hairdressing schools don’t teach African-style braiding techniques. But now with the governor’s signature, braiding hair is finally exempt from the Bay State’s hairdressing regulations.

“The government has no business licensing something as safe and common as braiding hair. This is a great win for entrepreneurship, economic liberty, and just plain common sense,” said IJ Legislative Nutjob Jessica Gandy, who lobbied on behalf of the braiders.  ...



 

Pertinacious Tom

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It's a rough journey.
 

Just six weeks ago, Judge Arturo Cisneros Nelson struck down South Padre Island’s anti-competitive food truck permit cap and restaurant-permission scheme. The district court ruled that the city violated the Texas Constitution when it forced food truck owners to get permission from local restaurant owners before being eligible for a food truck permit, and by making it illegal for more than 12 food trucks to open for business on the island.

Astonishingly, South Padre Island’s city government continues to enforce both unconstitutional restrictions despite the ruling. Despite its public statements, the city has not appealed the court’s ruling declaring the permit cap and restaurant-permission scheme unconstitutional; it appealed only a separate ruling rejecting its meritless argument that Texas cities are immune from the Texas Constitution. Nor has the city asked any Texas court to suspend Judge Nelson’s judgment. Today, the Institute for Justice (IJ), which represents food truck owners, filed a motion in the Thirteenth Court of Appeals (Corpus Christi–Edinburg, Texas), asking the court to prohibit the city of South Padre Island from enforcing the two restrictions that Judge Nelson declared unconstitutional and permanently enjoined.

“The city’s disregard of its own citizen’s constitutional rights and its lack of transparency should concern everyone,” said Arif Panju, Managing Nutjob of IJ’s Texas Office. “It is astonishing that we had to ask the court of appeals to order what the district court already made clear: the city’s food truck permit cap and restaurant-permission scheme are unconstitutional and therefore unenforceable. By continuing to enforce both restrictions, the city and its officials are violating a court order while flouting the authority of Texas courts and the Texas Constitution.”

...
Going out on a limb here, I'm going to guess that the appeals court says you can't ignore courts. Further out on the limb, they'll also say that the TX constitution applies to cities in TX.

Instead of making an actual argument, I think IJ should just get Captain Obvious to make an appearance in court.

 

Pertinacious Tom

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Nutjobs trying to make Oklahoma into Somalia
 

Should Oklahoma entrepreneurs be forced to spend thousands of dollars and at least 600 hours on esthetician coursework that does not even teach their trade?

That question has led two Oklahoma eyebrow threading business owners, Shazia Ittiq and Seema Panjwani, to join forces with the Institute for Justice (IJ) to challenge the constitutionality of the licensing requirement that the Oklahoma Board of Cosmetology imposes on eyebrow threaders. The Board requires all threaders to hold at least an esthetician license. And last week, the Board ordered Shazia to shut down her business immediately for employing threaders without an esthetician license. She is filing for a temporary restraining order to block enforcement of the unconstitutional licensing requirement as litigation proceeds.

The lawsuit, filed late yesterday, challenges this licensing requirement as violating the Oklahoma Constitution’s due process clause and its inherent rights clause. Like Oklahoma, Texas previously mandated that eyebrow threaders hold at least an esthetics license. Then, following a lawsuit from eight eyebrow threaders who partnered with IJ, the Texas Supreme Court in 2015 reaffirmed its state constitution’s protections for Texans to work in the occupation of their choice without unreasonable government interference. The Oklahoma Constitution offers the same kind of protections to Oklahomans.

“Threaders don’t need a license to do their jobs across the border in Texas. And they shouldn’t need one in Oklahoma, either,” said IJ Nutjob Marie Miller. “Threaders in Oklahoma have been providing high-quality, safe services to customers for years. They shouldn’t be put out of work because the Cosmetology Board demands they learn and prove competency in unrelated skills.”

Eyebrow threading is an ancient grooming technique common in South Asian and Middle Eastern countries, and has been passed down for generations. The threader makes a loop in a strand of cotton thread by twisting the strand around itself multiple times, then slides and traps unwanted hairs in the loop and lifts them from their follicles. The technique is often learned at a young age from family or friends, and it uses no chemicals, heat or sharp objects.

The experienced threaders in Oklahoma have become highly skilled in the technique, and requiring them to spend in some cases over $10,000 to obtain a license for services they will never provide, all to obtain permission to do the job they have already mastered, makes no sense.

...
I agree that the law makes no sense and is just more of the protectionism displayed in most every post of this thread.

Speaking of things that make no sense to me, wrapping thread around eyebrow hairs and yanking them out is on my list, now that I know what it is. Yeouch!

 

Pertinacious Tom

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It's a rough journey.
 

Just six weeks ago, Judge Arturo Cisneros Nelson struck down South Padre Island’s anti-competitive food truck permit cap and restaurant-permission scheme. The district court ruled that the city violated the Texas Constitution when it forced food truck owners to get permission from local restaurant owners before being eligible for a food truck permit, and by making it illegal for more than 12 food trucks to open for business on the island.

Astonishingly, South Padre Island’s city government continues to enforce both unconstitutional restrictions despite the ruling. Despite its public statements, the city has not appealed the court’s ruling declaring the permit cap and restaurant-permission scheme unconstitutional; it appealed only a separate ruling rejecting its meritless argument that Texas cities are immune from the Texas Constitution. Nor has the city asked any Texas court to suspend Judge Nelson’s judgment. Today, the Institute for Justice (IJ), which represents food truck owners, filed a motion in the Thirteenth Court of Appeals (Corpus Christi–Edinburg, Texas), asking the court to prohibit the city of South Padre Island from enforcing the two restrictions that Judge Nelson declared unconstitutional and permanently enjoined.

“The city’s disregard of its own citizen’s constitutional rights and its lack of transparency should concern everyone,” said Arif Panju, Managing Nutjob of IJ’s Texas Office. “It is astonishing that we had to ask the court of appeals to order what the district court already made clear: the city’s food truck permit cap and restaurant-permission scheme are unconstitutional and therefore unenforceable. By continuing to enforce both restrictions, the city and its officials are violating a court order while flouting the authority of Texas courts and the Texas Constitution.”

...


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Going out on a limb here, I'm going to guess that the appeals court says you can't ignore courts. Further out on the limb, they'll also say that the TX constitution applies to cities in TX.

Instead of making an actual argument, I think IJ should just get Captain Obvious to make an appearance in court.
Limb broke. The TX 13th Court of Appeals sided with the S Padre Island contention that the TX constitution doesn't apply to TX cities, so it's on to the TX Supreme Court.
 


Quote



...

The city initially claimed that its defiance was because it did not understand the court’s order, but it simultaneously refused to ask the district court for clarity. And at the same time, the city misled the public on its official Facebook page, indicating that the district court had not done what it did. Based on that misrepresentation, the city announced that both the permit cap and restaurant permission scheme “will remain in effect.”

The city’s behavior is a direct slap in the face of the Texas courts, which exist to protect Texans’ constitutional rights. So today the Institute for Justice, working on behalf of a group of food trucks, has asked the Texas Supreme Court to intervene and force the city to comply with  Judge Nelson’s court order and the Texas Constitution.

“When a law is ruled unconstitutional by a Texas court under Article I of the Texas Constitution (Bill of Rights) that law is immediately void and unenforceable” said Arif Panju, Managing Nutjob of the Institute for Justice’s Texas office. “By continuing to fence out food-truck competition at the behest of local restaurant owners, the city is not only defying the authority of Texas courts, but also preventing food truck vendors from earning a living. Now the city must answer to the Texas Supreme Court.”

...
I think the city understands Judge Nelson's order just fine, they just want to protect local restaurants against competition. Crony capitalism is kind of a running theme in this thread, as is attacking the kinds of businesses that people of limited means can open and run.

 

Pertinacious Tom

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Vizaline got a consent agreement allowing them to doodle on satellite images.
 

I suspect that if The Board members asked a real surveyor to do a real survey and got back a satellite image with lines plunked down on it, they would have understood that they were ripped off and that was not a survey. Pretending to fail to grasp that simple truth was convenient for protecting license holders but didn't hold up in court, thankfully. One more step on the road to becoming Somalia!
Similarly, if I asked a surveyor to survey a property and got back some drone images, I would feel ripped off.

But in North Carolina, I guess that counts as a survey, at least for protectionist crony capitalism purposes.
 

...

The images and maps that Michael was creating for willing customers were not being used to set legal boundaries; they were purely for informational purposes. And creating and sharing information is speech protected by the First Amendment. To protect his right to free speech, Michael is teaming up with the Institute for Justice to file a federal lawsuit.

“Drone technology may be new, but the principles at stake in Michael’s case are as old as the nation itself,” said Sam Gedge, a nutjob with the Institute for Justice. “Taking photos and providing information to willing clients isn’t ‘surveying’; it’s speech, and it’s protected by the First Amendment.”

...

Michael is a Goldsboro, North Carolina, photographer and videographer who expanded into drone imagery about five years ago. Michael’s drones took photos of homes for sale, buildings under construction, and a warehouse that wanted to use thermal imaging to see where heat was escaping. He also used his drones to stitch together images into orthomosaic maps composed of multiple images.

It was not until he received a warning letter from the Board in December 2018 that Michael had any idea that what he was doing could be considered “surveying.” He had always been careful to note that his work did not establish property lines and could not be used for legal purposes. But a Board investigator told him that providing images with any metadata (information about GPS coordinates, elevation, or distance) or that stitching together images qualified as surveying and required a full-blown, state-issued license. Worried about the Board’s threat that he could be fined or even criminally prosecuted, Michael shut down much of his drone business.

“When the surveying board wrote that I was breaking the law, I could hardly believe it,” said Michael. “I didn’t think that I was doing anything that could be considered surveying. In fact, I don’t know of any surveying company that was using drones like I was.”

The Board—which is chaired by a licensed surveyor—has a strong incentive to define “surveying” broadly to prevent competition that could impact surveying businesses.

...
Or even just "competition" that could not impact surveying businesses. We just bought some property to develop. A building permit requires a current survey. If I fly my drone over there and take a pic and hand that in to the county as a "survey" they would be even more irritable than usual. With good reason. That's not a survey.

 

Pertinacious Tom

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FL Governor Signs Somalian Reforms Into Law
 

Glad to see the horror of unregulated hair braiding spread some more.

Years of training for interior design? Glad to see that gone too, but I question even the need for a registration. If I want to pay someone to tell me what would look good inside a building, who is harmed by letting me just do it?
Florida taking another step toward becoming Somalia
 

...

“The Florida legislature took a sensible step to give barbers the ability to meet their customers where they need a haircut, not just in a barbershop,” said IJ Florida Office Managing Nutjob Justin Pearson. “With the governor’s signature, barbers would be able to cut hair at nursing homes, hospitals and in homes. Cosmetologists have already shown that this freedom provides huge benefits to consumers, especially during the pandemic. Barbers and their customers will now enjoy that same freedom. We want to thank the bill sponsors, Senator Stewart and Representative Morales, for their work on both chambers’ versions of the bill.”



 

Pertinacious Tom

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Mississippi Becoming Somalia

Mississippi no longer requires professional licenses for people who offer low-risk beauty services, a change that will save residents thousands of dollars and hours of time spent on training.

House Bill 1312 was signed by Gov. Tate Reeves April 9, and it became law immediately. It removes certification requirements for people who work as eyebrow threaders, eyelash technicians or makeup artists.

The Mississippi State Board of Cosmetology previously required people who receive money for these services to earn an esthetician license. The license requires training and exams, but none of the training deals with applying false eyelashes or eyebrow threading, the technique of using a single strand of cotton thread to remove hair.

...
So that's nice.

 

Pertinacious Tom

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Arkansas Becoming Somalia
 

Arkansas Gov. Asa Hutchinson signed a bill (HB 1746) on Tuesday that will make it much easier for people to enter and work in the beauty industry. Previously, washing, cleansing, blow drying, brushing, or combing hair required a cosmetologist license, a credential that takes at least 1,500 hours of training and can cost tens of thousands of dollars in tuition. 

Under the new law, Arkansans will no longer have to become a licensed cosmetologist to perform any of those simple and harmless services. Instead, aspiring hair stylists who want to wash and style hair need only register with the Department of Health and pay a $10 fee. HB 1746 does not apply to cutting hair or any chemical treatments, like bleaching, coloring, or dyeing. 

“Arkansas has taken an important step to removing unnecessary barriers to work,” said Institute for Justice Legislative Nutjob Jessica Gandy. “This reform will create more opportunities for entrepreneurs in the beauty industry and all Arkansans.”
But don't panic, the overwhelming majority of US states still require a license to shampoo hair or operate a blow dryer, so there are still safe places to live.

 

Pertinacious Tom

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Florida Becoming Somalia
 

The Legislature today approved a bill that would make it easier for many Floridians to work. House Bill 735 bans Florida municipalities and counties from creating additional licensing requirements for a long list of occupations.

...

The banned local occupational licenses include, but are not limited to, handyman services; painting; flooring; cabinetry; interior remodeling; driveway or tennis court installation; decorative stone, tile, marble, granite, or terrazzo installation; plastering; stuccoing; caulking; canvas awning; and ornamental iron installation.
Caulking?

 

Pertinacious Tom

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Continuing our efforts to become Somalia in Florida
 

Under a newly passed bill, Floridians will find it easier to start and run home-based businesses. House Bill 403, which has now passed both the Florida House and Senate, standardizes rules for operating businesses inside of a home. The bill bans city and county governments from regulating work that happens strictly inside a residence. Local restrictions on activities that affect the outside of a residence—including parking, noise or emissions—could continue under the new law should it be signed by the governor.

“Half of all businesses are home-based, yet many of Florida’s city and county governments have created unnecessary red tape preventing Floridians from pursuing the American Dream,” said IJ Florida Office Managing Nutjob Justin Pearson. “These local barriers were already a problem before the pandemic, but even more Floridians have attempted to start home-based businesses during the past year, either out of necessity or because they felt the time was right. This reform ensures that no matter where they live in the Sunshine State, Floridians can start home-based businesses with confidence. We want to thank the bill sponsors, Senator Perry and Representative Giallombardo, for their work on both chambers’ versions of the bill.”

 

Pertinacious Tom

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Small Cracks in the Restrictive Wall of Occupational Licensing Across the Nation
 

...

"Over the last 60 years, the number of jobs requiring an occupational license, or government approval to practice a profession, has grown from about 1 in 20 to nearly 1 in 4," noted the Council of State Governments in a 2020 report on the practice, in which it summed up some positive trends toward making it easier for Americans to practice professions helping other Americans. The Obama administration recognized back in a 2015 report that "the current licensing regime in the United States…creates substantial costs, and often the requirements for obtaining a license are not in sync with the skills needed for the job. There is evidence that licensing requirements raise the price of goods and services, restrict employment opportunities, and make it more difficult for workers to take their skills across State lines. Too often, policymakers do not carefully weigh these costs and benefits."

...
The quote from the Obama administration's report accurately summarizes most of this thread.

I guess I should apologize for the Koch-$pon$ored Obama cheerleading?

 

Pertinacious Tom

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How Congress Could Cement State-Level Progress on Occupational Licensing Reform
 

Occupational licensing is supposed to protect consumers from harm, but often it seems to do little more than protect license holders from would-be competitors.

...

Specifically, the Restoring Board Immunity Act would provide two pathways for states to follow. They could create new accountability measures for licensing boards within the state government—effectively giving executive branch officials a positive obligation to review and approve the behavior of boards that are usually allowed to do as they please. Or they can pass laws that would force courts to apply a higher degree of legal scrutiny to licensing boards' actions, in the event that a board is hauled in front of a judge for approving anti-competitive rules.

Both are meant to prevent the sort of self-dealing that occurred in the North Carolina dental board case—and which is all too common for boards that are often controlled by the very businesses they are supposed to regulate.

All that red tape isn't doing much to protect consumers, but it does seem to have an impact on employment. One in every four American jobs now requires a government-issued license, according to a recent report from the Council of State Governments. Morris Kleiner, a labor economist at the University of Minnesota, estimates that easing licensing rules could create 2 million more jobs nationally. And licensing also reduces economic mobility by making it harder for workers to move from state to state, since that often requires going through an expensive and time-consuming process to get licensed again.

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It would be nice if people who can braid hair in one state could just move to another state and continue to work. Ahh... Somalian dreams!

 

Pertinacious Tom

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Well, Governor Evers signed the Wisconsin law, but there's actually bigger news on the hair braiding front.
 

...

Shortly after the governor signed the bill, President Joe Biden on Friday signed a new executive order urging the Federal Trade Commission to do away with “unfair occupational licensing requirements.” In his speech, President Biden specifically cited licenses for hair braiders as an example of a “significant burden”: “Do you realize if you want to braid hair, and you move from one state to another, you sometimes have to do a six-month apprenticeship, even though you’ve been in business for a long, long time? What’s that all about?” 

Today, occupational licensing is one of the largest barriers to upward mobility in the nation’s labor markets. According to a 2018 report by the Institute for Justice, nearly 1 in 5 workers now needs a license to do their jobs—a fourfold increase from the 1950s.

...
Not sure how they did it, but it appears that Koch-$pon$ored nutjobs must have gotten to Joe Biden. I approve!

 

BeSafe

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Well, Governor Evers signed the Wisconsin law, but there's actually bigger news on the hair braiding front.
 

Not sure how they did it, but it appears that Koch-$pon$ored nutjobs must have gotten to Joe Biden. I approve!
Yea, I skimmed his EO yesterday.   We'll see where it goes.  Mostly, the EO orders a LOT of review/data collection.  Optimistically, that's the foundation for new policies or removal of ineffective ones.  Pessimistically, it's "yea, we looked at it, nothing we can do under existing statues, gonna have to wait for congress, ciao!".  I'll be optimistic though this year - I'll see what gets passed as part of reconciliation the squeal before I get too giddy.  We know how slimming the 'remove 2 for every 1' Trump EO worked out. 

 
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Pertinacious Tom

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Virtual Access to Doctors During the Pandemic Changed the Lives of Patients With Disabilities. Now That Care Is in Jeopardy.
 

...

The broad access to telehealth across state lines was made possible by states waiving medical licensure requirements as a part of PANIC orders during the panicdemic. These made it possible for health care providers to have appointments with patients in other states.

Now that emergency orders are being lifted, the future of telehealth is unclear.

...

Now, providers may have to give up their newer virtual patients or jump through a lot of hoops to keep them. And patients who were able to see doctors from the comfort and safety of their homes may have to again make those risk/reward calculations about whether it's worth traveling to receive care.

The good news is that a number of organizations and states are taking measures to preserve the freedom of care that telehealth has enabled. 

The Interstate Medical Licensure Compact is an agreement among 30 U.S. states that streamlines the complex licensure requirements for medical providers who want to offer telehealth care across state lines. Eligible physicians can use one application to qualify for licenses from all participating states. A similar compact, Psypact, exists for mental health providers. 

Legislators in Connecticut, Arizona, and Delaware have recently passed bills that will allow out-of-state providers to continue to provide telehealth services to those in their states.

There are also two federal bills in progress in the House and Senate that aim to reduce barriers to telehealth. The Senate bill would remove all federal geographic requirements for digital health appointments.

...

 

Pertinacious Tom

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On 7/21/2021 at 6:18 AM, Excoded Tom said:
Actually, calling yourself an engineer, even accurately, and talking about engineering projects without the proper license can and has lead to penalties.

Retired Engineer Offers Free Expert Testimony for Flood Victims. Licensing Officials Threaten Him With Criminal Charges.

Writer-Activist Hit With Licensing Complaint for Calling Himself an Engineer

Doing math without a license is OK in Oregon.

But I think the answer to Grrr's question is that doctors learn the medical arts. If a doctor tells you something, it's often wise to get another artist's opinion.
Expand  Expand  


If this is an anti-regulation meme, allow me to speak against it. A building built by a Libertarian would be a gold mine for a repair service.

Presently, I am dealing with two buildings which were built with impromptu, cowboy "engineering." Somebody needed to approve what they were trying to build, and somebody else needed to closely inspect how they chose to do it. (Cuz freedom.)

I did my fourth truck pour at age eleven. I could, and did, wire a three-way 110V switch system at age 13. I began to build as a pro at age 21, so that makes it fifty years as a pro now. For whatever reason, I still enjoy the work... and I got smooth at it.

But more significantly, I did an apprenticeship (of sorts) on the EAST coast, where many, many buildings are a few hundred years old, and they have appendages as remodels. Many strange things got dun in the midnight sun, by free thinkers.

Decent "engineering" is good, and is very, very necessary. It is sorely needed, even for common residential buildings.  The absence of quality building techniques will be felt, even in a shed or outbuilding, in due time.  The license behind the math protects the home-buying public. 

I have lived and worked a bit in many spots in North America. On the west coast, I find that most remodelers think like cowboys, and build like cowboys. This is a form of grand American Individualism...which disguises becomes petty ignorance, IMO

Yes, Dogballs, any building built by a Libertarian free-thinking kinda guy becomes a gold mine for the repair services. One doesn't need to draw the map; one only needs to follow the map. Out.
It's more an anti-nonsense meme. Talking about an engineering project isn't engineering. It's talking, and is protected under the first amendment.

But as for building regulations in general, we agree. I have had to explain this to some of my libertarian elk, who are just reflexively enti-regulation. I basically told them neighbors don't want pieces of their homes coming their way in a curricane, nor do they want the place to catch fire. So bulid things to code, or above code.

 

jocal505

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It's more an anti-nonsense meme. Talking about an engineering project isn't engineering. It's talking, and is protected under the first amendment.

But as for building regulations in general, we agree. I have had to explain this to some of my libertarian elk, who are just reflexively enti-regulation. I basically told them neighbors don't want pieces of their homes coming their way in a curricane, nor do they want the place to catch fire. So bulid things to code, or above code.
That's nice, Dogballs, but let's just proceed to verify that the Uniform Building Codes get actually built . Let's have a supervised building inspector take a look at the phases, and sign them off, in sequence.

I wouldn't trust your building techniques any more then I trust your presentation of the gun situation. You think with a contorted, dishonest, self-serving mind, so I'm gonna assume you would build with a contorted, dishonest, and self-serving agenda.

Sorry to say this, but it has been my experience that to protect the general public, we urgently need to learn, and enforce, building codes... because of free thinker types. We have too many cowboys with toolz out there, each one an expert.

 

Pertinacious Tom

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That's nice, Dogballs, but let's just proceed to verify that the Uniform Building Codes get actually built . Let's have a supervised building inspector take a look at the phases, and sign them off, in sequence.
That's what happens in practice and it usually makes sense to me. But not always.

For example, before getting a final inspection and approval on my boat shed, I had to have a pest company come out and pump the ground (and ground water) full of... something... to kill termites. It's a steel building on a concrete pad.

 

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