Katy Dickinson

Caboose Paperwork and Earthquakes

Our neighbors and we got a notice in the mail this week saying that our Variance Permit hearing would be held on 21 February. Oddly, the notice said we wanted to build an auxilliary structure; I thought we were moving a caboose into our backyard. We need to talk with our neighbors so they know to come to the hearing and cheer for the project.

John and San Jose's Plan Implementation Division planner have been trading email and phone calls all week about paperwork details. She asked for a revision of one of the drawings. He went to City Hall this morning to give her a new printout. We learned that even though we created the application electronically, the Plan Implementation Division needs a paper copy so that they can stamp it, image it for electronic storage, then give us our own stamped paper copy.

After the Variance is approved, we still have to apply for a building permit. We hope to get a refund soon of the almost $2,000 in fees the Plan Implementation Division had us pay for the first permit request last November. We had to pay about the same amount again for the Variance Permit submission in January. I am sure there will be more fees due for a building permit.

Part of preparing a building permit plan will be to hire a Civil Engineer to write a specification on railway equipment safety during an earthquake. We need to find a Civil Engineer with a knowledge of railroads and a sense of humor.

I checked out the web for what happens to trains during earthquakes and found two examples:

1. 1999 "Hector Quake" was Magnitude 7 (out of 10 possible on the Richter scale*) quake near Barstow, California. Track shifted during the earthquake which caused a very minor derailment (no overturned cars). There were no serious injuries.

   * The 1906 quake which destroyed San Francisco was an 8 on the Richter scale.

2. 2004 In Japan's Niigata region, a high-speed train (Shinkansen) derailed following a 6.8 earthquake (out of 7 possible on the Japanese intensity scale). The train was at the quake's epicenter and running at about 210 km/hour at the time. This is Japan's first Shinkansen derailment in 40 years. Eight out of 10 cars derailed but there were no serious injuries.

It is clear that at this rate we will not have WP668 moved before her first birthday in storage.

Posted at 12:09PM Feb 09, 2007 by katysblog in Caboose Project and Other Trains  | 

Consent to Overprotection

Someone gave us a subscription to Reader's Digest for Christmas and it has become our preferred household bathroom reading. An article in the current issue is "Dad Overboard - confessions of a (way too) protective parent" by Steve Doocy. The father writing the amusing article is concerned that he was too protective raising his young son because the boy was denied toy guns, swimming without a flotation device, and whole grapes (a choking hazard).

I know many more parents who are overprotective than parents who are inattentive. One of the causes of parental fear and overprotectiveness may be the number of release forms we have to sign listing the dire risks potentially associated with relatively safe activies like field trips and school sports.

I was interested to read that in 2005 the Wisconsin Supreme Court would not enforce an athletic center's waiver: "...holding the release unenforceable because it was against public policy. The Court cited the following reasons for its decision: 1) the release was overbroad and all-inclusive; 2) the guest’s waiver of liability was insufficiently highlighted; and 3) the guest did not have the opportunity to bargain over the terms of the release. ... The Court held that affording the customer the option of either signing the release or not using the facility is not considered a sufficient opportunity to 'bargain'." (quote from "Atkins v. Swimwest Family Fitness Center, 2005 WI 4: Wisconsin Supreme Court Decision).

When my kid comes home with a release form I have to sign before she can participate in a field trip the whole class is attending or in a PE class, I sure don't feel I have any right to bargain with the school about the release terms. Hence, I doubt the forms are enforceable. However, even parents with excellent English reading comprehension and doubts about the legal validity of these ubiquitous release forms get worried signing them. I can only imagine how American consent forms trouble new immigrant parents.

Here are two examples of the dozen or so release forms I have to sign each year for each of my kids:

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Schoolname Athletics
Assumption of Risk Form
Student Name: _____________________________

In consideration of being allowed to participate in any way in the athletic program, and events and activities, the undersigned hereby agree to the following conditions.

1. I acknowledge and fully understand the each participant will be engaging in activities which involve risk of injury. The injury could be serious or catastrophic including permanent disability.
2. I assume all the foregoing risks and accept personal responsibility for damages following such injury, permanent disability, or death. If it is determined that my child needs medical or dental treatment while participating in athletics, I will be financially responsible for any treatment determined to be necessary by a physician, dentist, athletic trainer, emergency medical personnel, or any other medical personnel.
3. I grant permission for the school’s sports medicine staff to care for and provide appropriate medical treatment for my child in the event of his/her injury.
4. I Accept and acknowledge schoolname Athletic Code of Conduct.

__________________________________ Date _____________
Parent Guardian Signature

_________________________________ Date _____________
Student Signature

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Parent’s Consent To Travel And Attend Field Trips In The State Of California

This consent is given with reference to the following facts:

A. The undersigned is/are the father and/or mother of ___________________________________________, a minor child who is a resident of the city of _________________________________________________, located in _______________________________________________ , __________________________________________. County or Province State/Country

B. Said minor child is to be enrolled in schoolname during the 2007 summer school.

C. The schoolname is a private school consisting of elementary and secondary grades.

D. It is understood and agreed between me/us and the agents and employees of schoolname that schoolname will engage in educational activities outside schoolname locations at schooladdress California. More specifically, it is contemplated that the administration, teachers and staff of schoolname will conduct field trips to state and national parks, museums, universities, sporting events, plays and other entertainment activities. It is also contemplated that staff may on occasion be called upon to transport a child to an off-campus appointment or activity.

NOW, THEREFORE, I/We give my/our consent to schoolname to engage in the above described activities that the teachers or administration of schoolname feel will promote the education of my child.

FURTHER, I represent as follows:

1. I/We have legal and physical custody of said minor child and am/are, therefore, competent under the laws of the State of California to sign this agreement.
2. I/We acknowledge the fact that the staff members may be unable to watch each child at all times on field trips. In addition, I/we realize and specifically acknowledge there always exists the possibility of an unforeseen accident causing harm to my/our minor child. Nevertheless, I/we grant permission for my/our minor child to participate in the activities described above.
3. In addition, I/we hereby release and agree to hold harmless schoolname as well as its agents, servants, employees, successors and assigns any and all claims my/our minor child may have against them for injuries and/or damages suffered by my/our minor child and/or his/her property while participating on said trips.
4. I/We also hereby agree to indemnify and hold harmless schoolname and its agents, servants, employees, successors and assigns from any liability to third persons caused by the activities of my/our minor child while participating on said trips.
5. This agreement is to be interpreted under the laws of the State of California, United States of America.

Signature of parent/guardian
Date

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Posted at 10:36AM Feb 09, 2007 by katysblog in Home & Family  |