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  #1  
Old 01-02-2011, 06:18 PM
LA Woman's Avatar
LA Woman LA Woman is offline
 
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State: California
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Default Is Venting above Stove a code requirement?

I haven't ran across this problem in so so many years that I don't even remember if it is part of the CA building code or not.

I have an older home that has a built-in stove/oven, but above it are built-in cabinets, no fan/hood and no vent in the ceiling.

Most times in these older homes there will be at least a vent for the stove in the ceiling. And they normally don't have cabinets directly above the stove without a built-in fan/hood.

So I have two questions:
1 - Is a built-in stove that is missing a fan/hood, or venting a code violiation?

2 - Are the cabinets directly above the stove without a fan/hood a safety issue?

I took a stoll thru the building codes on line but couldn't find anything.

Help!
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  #2  
Old 01-02-2011, 07:16 PM
Thomas Fiehler Thomas Fiehler is offline
 
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Location: Cincinnati,OH
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I checked my license and I am not the code police. Note what you see and proceed on.
  #3  
Old 01-03-2011, 03:07 AM
MKBURNETT MKBURNETT is offline
 
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Location: Oceanside, CA
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San Diego code- if it is gas and an older home prior to 1978 built- a window is near the stove or the vent fan in ceiling above. If they changed cabinets and vent is covered and no widow now it is a problem as the gas must have a fan/hood. But if it is an Electric cooktop it is ok.
  #4  
Old 01-03-2011, 09:37 AM
Mike Garrett, RAA's Avatar
Mike Garrett, RAA Mike Garrett, RAA is offline
 
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Code vary from community to community. The appraiser should check with an appropriate source, ie., a local authority.
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  #5  
Old 01-03-2011, 11:52 AM
LA Woman's Avatar
LA Woman LA Woman is offline
 
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Quote:
Originally Posted by Mike Garrett, RAA View Post
Code vary from community to community. The appraiser should check with an appropriate source, ie., a local authority.
authorities offices were closed for the holidays, hence my post to my local appraisers.
  #6  
Old 01-03-2011, 12:10 PM
dobie's Avatar
dobie dobie is offline
 
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Location: Somerset County
State: New Jersey
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Quote:
Originally Posted by LA Woman View Post
I haven't ran across this problem in so so many years that I don't even remember if it is part of the CA building code or not.

I have an older home that has a built-in stove/oven, but above it are built-in cabinets, no fan/hood and no vent in the ceiling.

Most times in these older homes there will be at least a vent for the stove in the ceiling. And they normally don't have cabinets directly above the stove without a built-in fan/hood.

So I have two questions:
1 - Is a built-in stove that is missing a fan/hood, or venting a code violiation?

2 - Are the cabinets directly above the stove without a fan/hood a safety issue?

I took a stoll thru the building codes on line but couldn't find anything.

Help!
If this is for an appraisal you're doing I would urge caution.

Once you opine on one code violation you have now opened the door to criticism and potentially a lawsuit on other code violations you may have missed. I would never use the words "code violation" in any report. In fact, when I was doing home inspections I would never use the words "code violation". I might say "non standard construction" or something along those lines.

Unless you are an expert in all building codes and can recognize every violation you should never go down that road.
  #7  
Old 01-03-2011, 12:13 PM
Mike Kennedy's Avatar
Mike Kennedy Mike Kennedy is offline
 
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Location: Southern Hudson Valley
State: New York
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Which Municipality????


p.s.



Subject: USPAP AO-28 / Due Diligence is Required
5. A real property appraiser accepted an assignment to appraise a three-unit residential property. The intended use of the appraisal was for mortgage financing. The client requested that the appraiser not verify the legal status (e.g., compliance with zoning, building codes, use permits) of the three units with municipal officials.
The appraiser withdrew from the assignment because she concluded that the client’s assignment condition limited the scope of work to such a degree that assignment results are not credible in the context of the intended use. The use of an extraordinary assumption about the legal use of the property would not produce credible assignment results in the context of the mortgage financing use.
The above “Case Study” was Issued as an Opinion that the ASB clearly considers municipal verification STANDARD and REQUIRED APPRAISAL PRACTICE (in markets where building & zoning ordinances exist) on Mortgage Financing Appraisal Assignments.

i.e. those who subscribe to the notion that such verification is NOT required and THAT is "standard" - are dead wrong.
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Last edited by Mike Kennedy : 01-03-2011 at 12:21 PM.
  #8  
Old 01-03-2011, 02:47 PM
Verne Hebert Verne Hebert is offline
 
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Location: Flathead County, Montana
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Be careful talking about code requirements. The "code", of which there are a number of "model codes" that are adopted by the local authority, and most often ammended to a local standard.

If you really want to know, call the local building department.

The UBC refers to this appliance as a range, and not a stove, that is a reasonal why you cannot find it.

As a field test, I put a pilotless natural gas range into one of my rentals (since I determined the pilot alone was $ 7/month) and has the local energy company come out and run a complete energy audit-the range measures 400 ?units of carbon monoxide with the required number being about 1200. They recommended I install an exhaust hood, but it is not required based upon the field numbers.

In terms of the appraisal profession, you the appraiser, are going to have to determine safety issues, not code issues specifically; notwithstanding many of these safety issues are in fact code issues.
  #9  
Old 01-03-2011, 03:12 PM
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dobie dobie is offline
 
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State: New Jersey
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Default

Quote:
Originally Posted by Mike Kennedy View Post
Which Municipality????


p.s.



Subject: USPAP AO-28 / Due Diligence is Required
5. A real property appraiser accepted an assignment to appraise a three-unit residential property. The intended use of the appraisal was for mortgage financing. The client requested that the appraiser not verify the legal status (e.g., compliance with zoning, building codes, use permits) of the three units with municipal officials.
The appraiser withdrew from the assignment because she concluded that the client’s assignment condition limited the scope of work to such a degree that assignment results are not credible in the context of the intended use. The use of an extraordinary assumption about the legal use of the property would not produce credible assignment results in the context of the mortgage financing use.
The above “Case Study” was Issued as an Opinion that the ASB clearly considers municipal verification STANDARD and REQUIRED APPRAISAL PRACTICE (in markets where building & zoning ordinances exist) on Mortgage Financing Appraisal Assignments.

i.e. those who subscribe to the notion that such verification is NOT required and THAT is "standard" - are dead wrong.
Wait. This discussion is, in part, about the appropriateness of rendering opinions on code violations. In the above citation the client requested that the appraiser not verify the legal status. The author of the AO added the "e.g. compliance with zoning, building codes, use permits". That was their interpretation of "legal status". In the context of my appraisal practice "legal use" certainly includes zoning ordinances but does not include code violations.

Second this is an AO not a Standard. AO's are meant to be illustrative and do not carry the weight of a Standard.

Which Standard in USPAP requires that I as an appraiser verify compliance with jurisdiction's building codes?
  #10  
Old 01-03-2011, 04:59 PM
Mike Kennedy's Avatar
Mike Kennedy Mike Kennedy is offline
 
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Location: Southern Hudson Valley
State: New York
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Posts: 28,116
Default

Ethics Rule
SOW Rule "Highest and Best Use - "As-Improved" which must be a legally permissible use as of the EDA
(assumes OP assignment is a Mortgage Lending utilizing GSE Report Form and GSE or FHA Guidelines)

SR 1-1
SR 1-2(e)(i)"legal", (iv) "ordinances
SR 1-3 (b) "legal", "physical"

p.s. in Municipalities where Zoning and Building Ordinances exist ( either combo or separate ordinances) typically Building Codes are Ordinances which require Compliance for Health, Safety, and Insurability reasons.

example: Article 1. Chapters 62 & 65 http://www.ecode360.com/?custId=BR0606

example: http://www.franklintwpnj.org/CD_plan...ning_main.html "Franklin Township is divided into areas called zones. Each zone allows specific uses and has specific requirements for construction. New principal structures; additions; sheds, decks, pools, fences, or other accessory structures; additions; patios, driveways, sidewalks, or other impervious coverage all require Zoning Permits."
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Last edited by Mike Kennedy : 01-03-2011 at 05:27 PM.
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