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Building Codes and Home Inspection Standards Intertwined

By
Home Inspector with National Property Inspections of Southern New Jersey, LLC

Lenn Harley recently commented on Jeff Karlsons post titled "That's Grandfathered In" as follows.

"We have ceased to recommend two home inspectors because they wrote as "defects" things that didn't comply with the code as of today. 

There is no section in the home inspection report for "code matters". 

Further, code inspections in my area are legally done only by municipal and licensed code inspectors.

The visual inspection performed by home inspectors demonstrates the "condition" of existing systems, foundation, roof, etc. 

The sophistication of the average buyers simply doesn't permit them to digest the difference between condition of existing structures and code compliance which isn't a part of the Contract of Sale, the Home Inspection Report or Notice of Defects, etc." 

 

I disagree with most of the above. 

Code is a law.  A lot of laws are written after bad events and/or building failures.  Home inspection standards are also written in part to prevent bad events and building failures. 

For example, decks are now required by code to be secured to houses with bolts.  In earlier years, most decks were secured with nails as no code specifically addressed deck construction.  As many of us now know, hundreds of decks have fallen from homes as nails were not designed for this type of load.

A second example would be a recently replaced shingle roof covering that may be in great condition and free of leaks.  However, looking under the shingles reveals two additional layers.  That would be a code violation in most states.  And in some cases where heavy snows can be expected, there could be a risk for a catastrophic roof collapse.

My third example would be automatic garage doors openers.  The early garage door openers from the 1950's did not have any reversing device and met whatever code was in effect (if any).  A number of years later and after many deaths involving small children, automatic garage door openers are now required by code to have reversing devices.  

As a result, any diligent home inspector that discovered the deck anchored to a house with nails, three layers of roof shingles in place and an old non-reversing automatic garage door opener would report these items as defects.  The selling parties may then argue that the above met code when installed.  

Building codes and home inspection standards are inter-connected.  While home inspectors must never cite code they better damn well be informed of building codes.  Language should always be used such as industry standards, good construction practice, etc.

Home inspectors that shy away from reporting defects that may be a code issue are not doing their job.  If I were the homebuyer and was paying the home inspector, I want that individual to inform me of all significant relevant issues with the property.

Sales agents that discourage the use of certain home inspectors that report defects that they believe may be code issues are riding on a slippery slope.  Very few besides the individual that is both a home inspector and a licensed code official can accurately understand the similarities. 

"Glen Fisher southjerseynpi@aol.com                                                                                                                   

"The South Jersey Home Inspector"

Comments (38)

Ann Gioe, CRP, GMS
Berkshire Hathaway HomeServices Indiana Realty - Indianapolis, IN
Central and Southern Indiana Real Estate

Maybe we should go back to houses without closets - then we wouldn't collect so much stuff...or...the self storage business would sky rocket...maybe I should invest

Jan 11, 2010 03:50 AM
Joe Pryor
The Virtual Real Estate Team - Oklahoma City, OK
REALTORĀ® - Oklahoma Investment Properties

Sorry, can't completely agree. Codes are changing at a rapid pace, and code varies from suburb to suburb. In Oklahoma code only matters if it is a safety hazard, or if something was obviously a code violation when it was done. If I was an inspector here and i had to know every code for every city I would get out of the business before i was sued and fined out of it first.

Jan 11, 2010 03:59 AM
Douglas Lovitt
Washington Management Company, Inc. - Mill Creek, WA

Glenn,

I too have had many battles with inspectors that have scared my customers to death over "Code Violations."  For some reason, some inspectors feel the need to demonstrate their vast knowledge of the current building code to establish their expertise.  Many times the inspector misapplies the code to an older structure.  I think that the buyer should be informed of all defects and possible safety issues, even ones not addressed by any building code.  But from my experience, the problems arise when the inspector's experience is limited and they rely too heavily on the building code.

Jan 11, 2010 04:00 AM
Glen Fisher
National Property Inspections of Southern New Jersey, LLC - Oaklyn, NJ

Al:  Al regarding three shingle layers, code does not need to be cited.  You could simply state three layers of shingles exceed manufacturer's installation instructionsand correction is recommended. 

Lenn:  Sometimes, buyers are overwhelmed and overlook simple issues.  Pointing out lack of closets is usually appreciated.  Pointing out lack of any windows in a bedroom can be a life saver.

Rich:  Inspectors are never provided with a contract.  The home inspection report should be independent of any contract and conform to applicable standards and laws.

Lisa:  Good words.

Susan:  I agree home inspectors should never cite code.  However, what may be interpreted as a code issue often can be considered a home inspection defect. 

Irene:  Well stated.

Russel:  As always you are full of information.

Jean:  I feel your pain.

Jesse:  Sorry about the absence of the link to the original post.  I did not think it was relevant, however, I should have included it.

Tim:  I agree with Russell Ray too.

Karen:  Your my hero.

John:  Very good information.

Aaron:  Sometimes that can be true.  Other times I believe its just misscommunication.

Charles:  Every state is different.  Yet most of us only can relate to the states we operate in.

Damon:  I would question the lack of the ladder too.

Ann:  You win.

Jan 11, 2010 04:23 AM
Jim Startzman
Long and Foster Real Estate - Wilmington, DE

Home inspectors should point out "possible" defects in code but they are not code inspectors.  They should recommend that this type of thing should be followed up with a code inspector.  I have had multiple inspectors that "think" they know but they don't.  This is just like an electrical problem.  They cite it as a "possible" defect and recommend that a licensed electrician look at it. 

Jan 11, 2010 04:33 AM
Norm Werner
Real Estate One - Milford, MI
Helping the first time and every time

I tend to agree that anything that might pose a safety hazard needs to be identified and pointed out; not necessarily within the context of some code violation, but just to give the buyer what he/she is paying for - a thorough evaluation of the condition of the house and anything that might need to be fixed to maintain the integrity of the house or for safety reasons. Having said that, there are inspectors who have absolutely no people communications skills. I had one lately who not only scared the buyers item-by-item as he found anything that needed fixingng; he ended up as he was leaving stating, "Good luck with this place, it's going to cost you a bundle." Fortunately I had preped my buyers with a explanation of what an inspection was supposed to accomplish and forewarned them that we wwould find many of the things that the inspector saw in this foreclosure property. We went on to close on the sale. Needless to say I'd never use that inspector again (my clients had chosen him bsed upon some family recommendation). 

I live in a house built in 1885, so I'm familiar with all of the things in my house that are not up to current code. As I replace things, I bring that area of the house up to code were ever possible. There are some thi that are just out of the question to bring up to  code and I would expect that a good inspector might see some or all of them, but would hopethat he/she would have the communications skills necessary to inform the buyers about them without unduly alarming them. To my way of thinking, I want a good thorough inspection that finds anythng and everything that my clients should be aware of before buying. If it is explained properly and they make the decsion not to buy that house, so be it. I'll sleep better knowing that I did not get them into some money pit just to make a quick sale.  

Jan 11, 2010 04:38 AM
Michelle Francis
Tim Francis Realty LLC - Atlanta, GA
Realtor, Buckhead Atlanta Homes for Sale & Lease

Glen, 

This is an interesting post.  I do love that ActiveRain constantly challenges us on many topics.  There are a lot of wonderful comments here, too. 

I do agree that I would rather know the items and have them communicated in a reasonable manner, rather than a scare tactic. I use a number of inspectors who are thorough, but intelligent about sharing the information about a home my purchasers are buying. 

We do have a few older sections of town, and there will be issues with older homes that are "not reasonable" to fix, it's cost prohibitive.  I will have already had this discussion with my buyers that they are noting the facts of the house in an inspection.  (I don't think I've run across a line about no closets yet, but I would have already told my clients that to be truly considered a bedroom, it should contain a window, a closet and reasonable access to a full bathroom.)  For future resale, I might point out that a Armour (something decent from IKEA) might be an item needed to included.  

Along those lines, what I like an inspection to confirm is how well the property has been maintained.  If they worked on something how well did they fix or replace it.  Now, of course, for an 80 year old home the degree to which different owners took care of a property will vary greatly:-)

Thanks for sharing this thought provoking post!  All the best, Michelle

Jan 11, 2010 06:09 AM
James Lyon
Vista Pacific Realty - Sacramento, CA

It sounds as if there are really two arguments going on here. One is the property condition and the other is the property specifications. If a bedroom is in good condition but does not contain a closet, it is out of spec for today's standards of what makes it a bedroom but does not imply that it is in poor condition.

I think you could find multiple code violations on almost every home over 50 years old as the standards of building have evolved since then. That does not mean that every home with some years on it is not in salable condition. I feel that this whole argument is a bit of semantics but a good one none the less.

Jan 11, 2010 06:22 AM
Dale Terry
Yadkinville, NC

Some points,

So agents now decide if the inspectors are good enough to recommend, based on what seems as the only criteria of having easy ispections.

There isn't any area in the real estate contract that takes into account staging, shag carpet, bad paint or no curb appeal either.  So agents should stop suggesting that they are experts in the field.

Code inspections can be done by anyone who wants to take the responsibility for it.  Unless it is in the law that   can do it, anyone can.  An inspector can state that something is not to code, and it will be on him/her to take the responsibility.

A visual inspection by an inpsector creates a possibly situation that requires code references.  Just as realtors quote interest rates, time to sale, costs to close etc...

And might as well call your customer an idiot if you don't think they are bright enough to understand things.

Lenn is usuall right, but this time she is wrong.

 

Jan 11, 2010 07:41 AM
Lenn Harley
Lenn Harley, Homefinders.com, MD & VA Homes and Real Estate - Leesburg, VA
Real Estate Broker - Virginia & Maryland

Al Wright writes:

If the 3 layers is a code violation in your area, then the matter should be investigated further by getting a copy of the invoice, approaching the roofer who performed the job and see if they will correct the problem and if not then brought before the courts.

In my area, you can request a code inspection.  It's not necessary to go to court.  If the code inspector cites violations, deck, finished attic, addition, etc. that was done without a permit, the county can order the improvement reinspected for compliance to the code or remove the improvement. 

 

Jan 11, 2010 07:47 AM
David Selman
Selman Home Inspections, Inc. - Dallas, TX
Certified Master Home Inspector

Boy oh Boy! I am a professional home inspector in North Texas. Home inspectors are NOT code enforcement. We are however very familiar with building codes as part of our profession. It is not however our job as home inspectors to "site" code at all. 

On the other hand, it IS our job according to the Texas Standards of practice to compare EVERY home with todays standards and what is considered as "perfect".

All that said, while "code" is somewhat part of a home inspection, the "Standards of Practice" for each state is what should or can be quoted in an inspection report. "Code" compliance should not be referenced in a home inspection. But ALL homes no matter how new or old are comparable to today's standards of practice.

 

Jan 11, 2010 09:35 AM
Darren Miller
About The House - Succasunna, NJ

Hey Lenn

How many code inspectors do you know that carry a ladder? You can't always see how many layers of shingles are present from the ground.

3 layers of roof is a code, and manufactures violation. It's considered a serious issues where heavy snow loads are possible.

Jan 11, 2010 11:51 AM
Jay Markanich
Jay Markanich Real Estate Inspections, LLC - Bristow, VA
Home Inspector - servicing all Northern Virginia

No home inspector knows the codes.  Period.  I do home inspections in 19 different jurisdictions.  There are 6 jurisdictions within 10 miles of my house.  They all recognize some of the same "codes."  And they all have different "code" criteria they enforce.  If I knew all the zillion codes in all the jurisdictions I would be AMAZING.

I do not.

No inspector does.

 

Oh, Mother Nature will enforce her own "codes" whether there is jurisdictional obedience or not.  If a deck exceeds the "building code," and collapses when a very large family has dinner on it, that construction is "not to code."  Mother Nature sometimes enforces her codes with impunity.  I pay real close attention to Mother's codes...  like Poly-foam in stone foundations.  I don't know any local code that talks about that.

Jan 11, 2010 02:36 PM
Charles Buell
Charles Buell Inspections Inc. - Seattle, WA
Seattle Home Inspector

Jay, such a good point.  I would add that no Jurisdictional Inspector knows all the codes either----and they are not even liable for not knowing the codes----and home inspectors are supposed to be?  People don't seem to understand that the code is just the code and subject to interpretation, change, and even error.  Why has the code been elevated to the position of Holy Scripture----the "opinion" of home inspectors can often be better.  Anyone that thinks they know everything about this business doesn't know that they don't know everything about this business.

Jan 11, 2010 02:46 PM
Christine Donovan
Donovan Blatt Realty - Costa Mesa, CA
Broker/Attorney 714-319-9751 DRE01267479 - Costa M

I think explaining what code is and distinguishing between this and the "defects" is a fair way to deal with the issue.

Jan 11, 2010 03:02 PM
Roland Woodworth
Blue Cord Realty - Clarksville, TN
Blue Cord Realty

A home inspector can't go into a home built in the 1950's and write in he report that something should be brought up to 2010 codes. If this was done, it would be nearly impossible to sell the older homes.  Now if it's a safty issue and broken, by all means.... it should be repaird.

Jan 11, 2010 03:46 PM
Darren Miller
About The House - Succasunna, NJ

Jay,

New Jersey has and enforces whats called the Uniform Construction Code. What that means is simple, the code is uniform across the state, no town or city is allowed to change or enforce a different code. Clear and simple, whats required in High Point is the same as whats required in Cape May.

I don't care if the house is brand new or 50 years old. If there is a problem with it (such as the stairs being uneven) I call it out and include today's code section and explain it in laymens terms. Having a code section to included is much better than saying 'fix it because I know it's wrong'.

I do agree it's impossible to 'know' all the codes (that's why they are written down, so you can research them); the bigger problem is keeping up with the changes. For example, the new codes coming out will have a SERIOUS change to how decks are to be attached to the house.

The securing of deck will have gone from simply nailing the ledger board, to thru-bolts or lag bolts to the new requirement of having 'rods' being attached to the deck joists, thru the ledgers and connected to the house joists. Why? Because it was deemed inadaquate and unsafe; sometimes the bolts or the ledger rotted/rusted and failure occured. Again, it's all about protecting the public.

Jan 11, 2010 09:19 PM
Jay Markanich
Jay Markanich Real Estate Inspections, LLC - Bristow, VA
Home Inspector - servicing all Northern Virginia

There are some who try to do that very thing Roland. If a permit is pulled to do a remodel, however, almost always there is the requirement to upgrade the house to meet the codes relevant to that remodel.

And Charlie, when I said inspector I meant them all.  The jurisdictional code guys around here are pretty good, but not entirely informed.  And how in the world can they be?  Didn't the National Electric Code change 1000 things in 2008?  And that was in addition to the new stuff!  Yikes!  Are we up on all that?!

By the way, do you know when the first ventilation code is said to have been implemented?  Again, Mother Nature had her demands and common sense took over.  This is from an ASHRAE paper written by one of the scientists who responded to my questions on Icynene foam:

"In 1631, after finding that indoor conditions were causing health problems, King Charles I, in what may have been the first ventilation code, decreed that the ceilings in houses must be ten feet high or greater and that windows must be higher than their width to allow for ventilation. These improvements were slowly implemented into the British building stock. Implementation was hastened only when the great London fire of 1666 destroyed many of the inadequate houses and made way for construction of larger, better ventilated houses with chimneys and large windows. (NY 1923) This trend towards better air quality, however, was suddenly thwarted and possibly reversed when citizens decided to board up their windows to avoid the chimney and window taxes of the early 1700’s."  Dr. Max Sherman

Hey Lenn, maybe that's when they started taxing closets!!  When the people boarded up their windows!

Jan 11, 2010 09:26 PM
Glen Fisher
National Property Inspections of Southern New Jersey, LLC - Oaklyn, NJ

All excellent comments and much to learn. 

What happens when a home inspector discovers a major code omission on a relatively new constructed home?  Better to be safe than sorry.  

Again, I believe it is important that the home inspector stay well informed of significant requirements of the applicable codes.  And when performing home inspections, keeping codes in mind can only help. 

I don' believe home inspectors should cite codes however.  Most E & O carriers have specific language in the policy excluding code inspections. 

Jan 11, 2010 09:57 PM
Darren Miller
About The House - Succasunna, NJ

Citing a code section in the report is not considered a code compliant inspection. As I said elsewhere, it gives the inspector back-up as to how he determined a defect exists.

If an inspector calls out an issue and a contractor challenges that issue, what better back-up is there but the code book or manufactures installation instructions?

It's kinda funny. I've been citing code sections in my reports for 10 years, the 'Code police' have yet to come and take me away!

Jan 12, 2010 12:31 AM