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
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