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Inspecting Older Properties...

By
Home Inspector with Complete Home Inspections, Inc. TN Lic#050

Inspecting Older Properties ~ Decks... 

So you or your buyer are looking to purchase an older property. For the sake of argument, let's assume that it was built to some sort of acceptable trade standards by competent tradesmen. Does the property conform to today's building standards? Probably not. Building standards continually change and are subject to the interpretation of local building authorities.

A home inspector is a generalist, and should stay abreast of the building standards of the municipalities in which they practice their craft. Yesterday, I wrote an article about inspecting the steps on older properties. Today, I will address decks.

Today's standards require a secure guardrail for any raised platform that is 30" or more above grade. The current standard also requires that baluster or spindle spacing to be placed on 4" centers for child safety.  So does this mean that this guardrail is unsafe? That depends. Do the clients have small children or animals that can be injured or will just adults be occupying the property.

Many home inspectors, in an effort to protect client's interests, often let their opinions guide their words - not the facts. During property transactions, some States require safety issues, such as these, to be brought up to current standards. Some do not. Your home inspector needs to be aware of this and report factually and unbiasedly.  

While the guardrails on this deck do not meet today's standards, they are secure and functioning as designed. This is the key phrase, "Functioning as Designed". It is the inspector's job to accurately report the findings and address the issues with the client in a calm professional manner during the inspection walk-through. These also need to be professionally addressed in the final written report.

© 2009 michael thornton | complete home inspections, inc. | brentwood, tn | 615.661.0297 | www.completehomeinspectionsonline.com
Helping YOU help others live THEIR American Dream...

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Complete Home Inspections, Brentwood TN 615.661.0297
 

Comments (20)

Sally K. & David L. Hanson
EXP Realty 414-525-0563 - Brookfield, WI
WI Real Estate Agents - Luxury - Divorce

  The city to city variance here is pretty huge....we are in an "over inspected" suburb....there was a time when the city fathers were actually considering having a homeowner get a permit to replace a washer....urgh ! Happiest and healthiest of the new year to you !

Dec 29, 2009 10:12 PM
Jay Markanich
Jay Markanich Real Estate Inspections, LLC - Bristow, VA
Home Inspector - servicing all Northern Virginia

As to the guardrails I usually play it safe and recommend the vertical balusters.  Even if my purchasers are without children, sooner or later someone's little one will visit and the danger grows.  The rail above doesn't look like it would handle 200 pounds at all points, and certainly not someone tripping and falling against it.  So even if my buyers were both sticks, I would point out the potential weakness of the railing should Aunt Large come to visit.

Overall I agree with you!  My own deck, which I built myself, far exceeds the minimum standards required by my county.  It's just the way I am!  Nothing prohibits "beyond the code..."

But you already knew that!!

Dec 29, 2009 10:18 PM
Leesa Finley
RED Properties - Wake Forest, NC
RED Properties - Raleigh NC Real Estate

This is fantastic information!  It is hard sometimes for sellers (and buyers) to understand when they lived in a home for a while that bulding codes change!  I will most certainly be reblogging this for my area!

Dec 29, 2009 10:38 PM
Paddy (Patricia) Pizappi
Better Homes and Gardens Rand Realty - Pine Bush, NY
Real Estate Associate Broker Hudson Valley NY

It is important to discuss these types of issues in a calm manner and report them with the needs of the client in mind.  The buyer needs to be aware that while some things will be addressed by the seller others will not.  They are buying a used product.  You seem to present things with the balance I like to see when my buyer clients choose a home inspector.  Too bad I don't live in TN or you would be my go to guy.  Have a great day Michael

Dec 29, 2009 10:39 PM
Frank Rubi
Frank Rubi Real Estate, LLC - Metairie, LA
FrankRubiRealEstate.com

Michael, great insight on the inspection process. These tips are very helpful and make sense.

Dec 29, 2009 10:43 PM
Kenneth Cole
Weichert Realtors Appleseed Group, 2043 Richmond Ave. S.I.N.Y. 10314. office phone 718-698-9797, Appleseedhomes.com... - Staten Island, NY
NYS Licensed Real Estate Salesperson

Michael;  Thanks again for the tips and lessons you give us.  You make us more valuable.

Dec 29, 2009 11:02 PM
Toula Rosebrock
Diane Turton, Realtors, Forked River, NJ - Lacey Township, NJ
Broker/Sales Associate, Realtor, Lacey Township,

ToulaRosebrock,com

Hi Michael:

Always best to get a home inspection!

Issues like these can be brought to the potential buyer's attention early in the process.

Dec 29, 2009 11:30 PM
Craig Rutman
Helping people in transition - Cary, NC
Raleigh, Cary, Apex area Realtor

Our contracts refer to items in the home as "performing their intended function and not in need of immediate repair".

Either way, it means the same thing.

However, in this case, I can see why you would put that deck's deficiencies in the body of your report. Those railings, although probably built to code at the time, would never pass now!

Dec 29, 2009 11:56 PM
Paul S. Henderson, REALTOR®, CRS
Fathom Realty Washington LLC - Tacoma, WA
South Puget Sound Washington Agent/Broker!

I find it hard to balance my love of design and safety sometimes, each has its place, and I just keep my mouth shut!
Fill your life with smiles,
Paul

Dec 30, 2009 12:38 AM
Chip Jefferson
Gibbs Realty and Auction Company - Columbia, SC

With all of the building codes modified over the last 30 years older homes have to be given leway. But unsafe is still unsafe even if it was built to code in 1970.

Dec 30, 2009 01:01 AM
Kristin Johnston - REALTOR®
RE/MAX Platinum - Waukesha, WI
Giving Back With Each Home Sold!

Great post and information...sure wish you lived closer to be my main inspector buddy!  Keep up the great education!

Dec 30, 2009 01:37 AM
June Piper-Brandon
Coldwell Banker Realty - Columbia, MD
Creating Generational Wealth Through Homeownership

In years gone by that deck functioned in an adequate manner and has done so right up until today, but when the new buyer comes along with FHA financing, that deck might be functional but the appraiser may come back and say it doesn't meet their requirements. 

Dec 30, 2009 01:38 AM
Calvin Cowles
Cowles Home Inspection Services Inc. - Newnan, GA

My clients pay me to find things that are wrong. So what does wrong mean? Wrong by today's standards. Wrong when it was built? My answer is yes! To paraphrase Laura"s words, "wrong is still wrong".

That deck in that picture has several "wrongs". Sure, it may haved "functioned as designed" for many years...don't make it right!! Don't make it safe! We in Atlanta had an exit ramp on I75 that "functioned as designed" for 25+ years. It was a left exit (out of the "fast" lane). One early morning last year a bus driver mistook the exit for another lane and the result was 6 young college baseball players losing their lives.

Now that may be drastic for many of you but, my clients deserve to know what is wrong at the place they are going to live, play, have family and friends with children and "large" people. But.....I present the "wrongs", not as I did here, in context. It would probably cost $200-300 to make that deck safe, less if they could put in some sweat equity. Not normally a reason to run away but a problem serious enough to "get it fixed"! I couldn't rest at night if I didn't point of the seriousness of the issue and the ease of  the remedy regardless of how long it has been there. 

Dec 30, 2009 03:01 AM
Susie Blackmon
Ocala, FL
Ocala, Horses, Western Wear, Horse Farms, Marketing

Ha ha ha. Functioning as Designed. ;-)

Dec 30, 2009 03:44 AM
TeamCHI - Complete Home Inspections, Inc.
Complete Home Inspections, Inc. - Brentwood, TN
Home Inspectons - Nashville, TN area - 615.661.029

Calvin, I agree in part to what you are saying. Many folks expect the home owner to do the "upgrades" as part of the repair contingency. I disagree. I point issues out during the inspection process and add these to the report. This way the buyer is aware of the problem and they can make the necessary repairs.

Thanks to one and all for your comments... 

Dec 30, 2009 05:46 AM
Diane Osowiecki
Diane O and Friends - Benchmark Realty - Franklin, TN
Greater Nashville Real Estate

I believe the home inspector can make or break the deal.

Dec 30, 2009 06:24 AM
Dorie Dillard Austin TX
Coldwell Banker Realty ~ 512.750.6899 - Austin, TX
NW Austin ~ Canyon Creek and Spicewood/Balcones

Michael,

Thanks for the good presentation and insight on home inspections. I agree with Toula, issues need to be brought to the attention of the buyer early in the process.

Dec 30, 2009 07:34 AM
Steven L. Smith
King of the House Home Inspection, Inc. - Bellingham, WA
Bellingham WA Home Inspector

Michael,

I would for certain point those out as a problem, although more strongly so when it was real high. I have seen rails like that on an 18 foot deck. Our state standards of practice do not require us to cite a typical building issue that might differ from in the past to today. However, with issues that might be significant safety hazards, whether they met code or not, we are expected to report the issue. For example, probably half the houses I inspect were built before the invention of smoke detectors. I still state they should be in place. However, there are other things that I look at, perhaps, a bit more sideways. Obviously, for example, if that deck was only 29 3/4" high then NO RAILS would be required by code so then your line about "performing as intended" really hits the nail on the head. Heck, those are an upgrade beyond zero rails. It is that extra quarter inch, by code, that makes the difference.

Dec 30, 2009 08:48 AM
James Quarello
JRV Home Inspection Services, LLC - Wallingford, CT
Connecticut Home Inspector

I would most certainly point out the railings as a safety concern to a client and put into the report. The point I believe your trying to make is how this information is related to the client. That is the real art of home inspection.

Dec 30, 2009 10:15 AM
Jane Cross
Homes By Cross serving Charlotte NC Real Estate Needs - Charlotte, NC

Michael, Great informational post...and on another note...tell buyers not to store wood and debris under their decks...great for termites and post powder beatles...not so much for the homeowner!

Dec 30, 2009 11:31 AM