Bijan Roy, a structural engineer with OSHPD who monitored the hospital’s construction, admits that E70T-4 was used for most of the preliminary welding, and recalls an early meeting with Duane Miller when the products were being chosen. However, Roy points out that use of E70T-4 was permitted in San Bernardino under California Building Code guidelines. "Even though it is not illegal," Roy concedes, "some experience shows that it might crack."
Indeed, every county has jurisdiction over its own construction guidelines. Even as the federal government heeds Lincoln’s high-priced lobbying efforts, dishing out millions on a demonstration of how to retrofit buildings constructed with E70T-4, there is no universal provision to prevent it from being used again.