Local building codes, smoke detector, water heater, etc

[Mark Swain]

What is the appraisers responsibility regarding local building codes like smoke detectors and TPR valves on water heaters? If local building codes say these are required, does the appraiser have to make a report "subject to" these repairs or just state they may be safety hazards and leave report "as is"?

 

[Mark K]

It depends on the client's needs/requirements and the scope of work.

I don't claim to be a code expert so I don't want to go down that rabbit hole of quoting code violations, however, if I see a safety issue I'll note it.

OTOH, some clients and/or loan programs like VA/FHA have stricter guidelines and want safety items corrected.

 

[glenn walker]

I don't get into the Code issue because everyone here in California knows its State Law under H & S and Uniform building codes and most lenders position is that H & S issues are never grandfathered . With that being said we have hot water heaters seismically- double safety- A Pressure relief valve smoke detectors and A at least one carbon monoxide detector to be installed on each floor. If its FHA I make it subject to installation . On conventional they also want them but I usually just report the lack of and complete "as is " In a week or so I get a request to go back take photos and complete on a 1004D-Then I charge $100 bucks. The only time I mention code is when some dunderhead complains about it which is rare because even are Realtors are trained to have this done when they sell a home.

 

[Rlong]

This has been discussed before (not a lecture, just a note it comes up every once and a while). I always point out that we are not "code enforcement", and most (and the above confirms) don't have the expertise to "call out" most code issues.

Keep in mind, NO ONE is required to keep their, 1, 5, 10, or 100 year old home up to current code! Not even if the city building inspector "stops in for a beer!". What lenders and a few appraisers get worked up about are what are called "Life Safety" code issues. That is where the above point out some lenders require comment. And that fine if your qualified. I have Class A ICC (international commercial code) qualification, and all I can say is "there is what appears to be a smoke/CO detector installed" (I don't even want to "climb on a chair" and try to read those time white plastic letters). Every once in a while a lender asks "please comment on whether the water heater is "double strapped". I'm in Colorado, It's not a rule here, and I tell them "I don't even know what that looks like!!" (is that wearing two guns, or sex thing??)

I still hold my General Contractors licenses in the area County and several cities; I don't even want to give the impression I am offering an opinion regarding code due to liability (well unless you want to pay me for it!)
Thanks Bob in CO

 

[Rlong]

PS I did call out a house once with an illegal addition obviously built on a deck, but more importantly they had removed all the drywall on the inside of the garage and done poor work. I was concerned not just that a fire wall was missing, but CO could get in the house easily (four bedroom family home, being sold).

In this case potentially "saving children" trumped keeping my code knowledge to myself..

... seller tried to sue me and went on to claim I was not qualified to make these statements!

Bob in CO

 

[Mark K]

Keep in mind, NO ONE is required to keep their, 1, 5, 10, or 100 year old home up to current code! Not even if the city building inspector "stops in for a beer!". What lenders and a few appraisers get worked up about are what are called "Life Safety" code issues. That is where the above point out some lenders require comment.

The main code problem in my area, IMO, is some bedroom windows. In the 50's and 60's, some custom builders put in horizontal slider units, about 2' tall and 5' wide, and installed them near the ceiling. Sill height is about 60-66", way too high for a child to safely egress. I know its a current code violation but I don't mention code, I state the safety issue in the report but don't make it subject-to correction.

 

[Mike Kennedy]

PS I did call out a house once with an illegal addition obviously built on a deck, but more importantly they had removed all the drywall on the inside of the garage and done poor work. I was concerned not just that a fire wall was missing, but CO could get in the house easily (four bedroom family home, being sold).

In this case potentially "saving children" trumped keeping my code knowledge to myself..

... seller tried to sue me and went on to claim I was not qualified to make these statements!

Bob in CO

The result of the potential suit?