Non FHA; does a fireplace count as a permenant heat source

[residentialguy]

A. Each living unit must contain the following:
1) A continuing supply of safe and potable water.
2) Sanitary facilities and a safe method of sewage
disposal.
3) Heating adequate for healthful and comfortable
living conditions. The Field Office may determine
that climatic conditions are such that mechanical
heating is not required.
Dwellings with wood burning stoves or solar
systems used as a primary heat source must have
permanently installed conventional heating systems
that maintain at least 50 degrees fahrenheit in
areas containing plumbing systems.
4) Domestic hot water.
5) Electricity for lighting


I doubt La Jolla temps fall past freezing.

 

[CANative]

ResGuy... There are only a handful of areas where you can get away with not having a conventional heating system. There are none in California that I know of.

 

[residentialguy]

La Jolla temps

http://www.dreamlajolla.com/la-jolla-weather.html

 

[residentialguy]

ResGuy... There are only a handful of areas where you can get away with not having a conventional heating system. There are none in California that I know of.

Where are you getting this information from? Obviously if the weather falls into the 40s a conventional heating system is desirable. But to say you "can't away with not having a conventional heating system"??? I wouldn't argue that it wouldn't suffer from Fcnt obs, but is this a law?


Personally, I'd rather have central air over a furnace in CA. I can add layers and stay comfortable, but at 100 degrees, naked is still uncomfortable.

 

[CANative]

It gets down into the low 20's at my house in the winter and I'm not up in the mountains. I'm in Northern California which is generally warmer than many areas of Southern California.

Up in the Big Bear and Lake Arrowhead area it can fall below zero for weeks at a time. Bullet proof ice on the road that sticks around until March or April.

I'll look up the heating regs for you. It's just kind of a hassle.

 

[Randolph Kinney]

Where are you getting this information from? Obviously if the weather falls into the 40s a conventional heating system is desirable. But to say you "can't away with not having a conventional heating system"??? I wouldn't argue that it wouldn't suffer from Fcnt obs, but is this a law?

Working on a duplex in California. Each unit has a fireplace, but no other heat source. Should I condition this report subject to a permanent heat source, does the fireplace satisfy, or does it even matter for a non-FHA order?

For lenders, the appraiser is asked on page 2 of the form 1025 for multifamily properties:

Are there any physical deficiencies or adverse conditions that affect the livability, soundness, or structural integrity of the property?

Does the property generally conform to the neighborhood (functional utility, style, condition, use, construction, etc.)?

Lenders here require a permanent conventional heat source. 99.99% of the homes built have conventional heat sources here.

A rental unit must be fit to live in; that is, it must be habitable. in legal terms, “habitable” means that the rental unit is fit for occupation by human beings and that it substantially complies with state and local building and health codes that materially affect tenants’ health and safety.

Green v. Superior Court (1974) 10 Cal.3d 616, 637-638 [111 Cal.Rptr. 704, 719]; Civil Code Sections 1941, 1941.1.

California Civil Code Section 1941.1

http://law.onecle.com/california/civil/1941.1.html

A dwelling shall be deemed untenantable for purposes of
Section 1941 if it substantially lacks any of the following
affirmative standard characteristics or is a residential unit
described in Section 17920.3 or 17920.10 of the Health and Safety
Code:
(a) Effective waterproofing and weather protection of roof and
exterior walls, including unbroken windows and doors.
(b) Plumbing or gas facilities that conformed to applicable law in
effect at the time of installation, maintained in good working
order.
(c) A water supply approved under applicable law that is under the
control of the tenant, capable of producing hot and cold running
water, or a system that is under the control of the landlord, that
produces hot and cold running water, furnished to appropriate
fixtures, and connected to a sewage disposal system approved under
applicable law.
(d) Heating facilities that conformed with applicable law at the
time of installation, maintained in good working order.
(e) Electrical lighting, with wiring and electrical equipment that
conformed with applicable law at the time of installation,
maintained in good working order.
(f) Building, grounds, and appurtenances at the time of the
commencement of the lease or rental agreement, and all areas under
control of the landlord, kept in every part clean, sanitary, and free
from all accumulations of debris, filth, rubbish, garbage, rodents,
and vermin.
(g) An adequate number of appropriate receptacles for garbage and
rubbish, in clean condition and good repair at the time of the
commencement of the lease or rental agreement, with the landlord
providing appropriate serviceable receptacles thereafter and being
responsible for the clean condition and good repair of the
receptacles under his or her control.
(h) Floors, stairways, and railings maintained in good repair.
(i) A locking mail receptacle for each residential unit in a
residential hotel, as required by Section 17958.3 of the Health and
Safety Code. This subdivision shall become operative on July 1, 2008.

CALIFORNIA DEPARTMENT OF CONSUMER AFFAIRS

http://www.dca.ca.gov/publications/legal_guides/lt-3.shtml

What kinds of conditions make a rental unit legally uninhabitable?

A dwelling may be considered uninhabitable if it substantially lacks any of the following:7

Effective waterproofing and weather protection of the roof and exterior walls, including unbroken windows and doors.

Plumbing facilities in good working order, including hot and cold running water, connected to a sewage disposal system.

Gas facilities in good working order.

Heating facilities in good working order.

An electric system, including lighting, wiring and equipment, which is in good working order.

Clean and sanitary buildings, grounds and appurtenances (for example, a garden or a detached garage) which are free from debris, filth, rubbish, garbage, rodents and vermin.

Adequate trash receptacles in good repair.

Floors, stairways and railings in good repair.

In addition to these requirements, each rental unit must have all of the following:

A working toilet, wash basin, and bathtub or shower; the toilet and bathtub or shower must be in a room which is ventilated and allows for privacy.

A kitchen with a sink, which cannot be made of an absorbent material such as wood.

Natural lighting in every room through windows or skylights; windows in each room must be able to open at least halfway for ventilation, unless a fan provides mechanical ventilation.

Safe fire or emergency exits leading to a street or hallway; stairs, hallways and exits must be kept litter-free; and, storage areas, garages and basements must be kept free of combustible materials.8

Operable deadbolt locks on the main entry doors of rental units, and operable locking or security devices on windows.9

Working smoke detectors in all units of multi-unit buildings, such as duplexes and apartment complexes. Apartment complexes also must have smoke detectors in common stairwells10

 

[Randolph Kinney]

La Jolla is not a separate city; it is part of the city San Diego and subject to its zoning and building codes.

http://www.sandiego.gov/nccd/housing/substandard.shtml

Substandard Buildings

As defined by California Health and Safety Code (H&SC), Section 17920.3, a substandard building is any building or portion thereof in which certain conditions exist to the extent that it endangers the health and safety of its occupants or the public. Following is a list of those conditions:

• Inadequate sanitation due to a lack of, or improper:
  
• bathroom facilities in a dwelling unit
  
• bathroom facilities per number of hotel guests
  
• kitchen sink
  
• hot and cold running water
  
• adequate heating
  
• operation of required ventilating equipment
  
• minimum amounts of natural light and ventilation required by H&SC 17920.3
  
• room and space dimensions as required by H&SC 17920.3
  
• required electrical lighting
  
• connection to required sewage disposal system

 

[CANative]

I guess not many here have entered someone's home in the dead of winter, 20 degrees with the wind howling causing the beginnings of frost bite to one's fingers after dragging a tape measure around for half an hour only to be welcomed by cozy warmth from a nice wood stove in the living room.

It's a different sort of heat from warm air blowing through heat registers. It feels, well, cozy and nice.

 

[residentialguy]

I used to live in CA for 12 years up until '95. I understand Big Bear and Arrowhead can freeze...I've skied at both. I haven't skied in La Jolla, though, as it is surrounded on three sides by ocean bluffs and beaches.

"adequate heating" - says nothing about a fireplace not being adequate.

Heating facilities that conformed with applicable law at the
time of installation, maintained in good working order. - so far, nothing has been posted about it not conforming with the law


Are there any physical deficiencies or adverse conditions that affect the livability, soundness, or structural integrity of the property? Does the property generally conform to the neighborhood (functional utility, style, condition, use, construction, etc.)?
As I said, it may have Funct Obs (cureable) - - - but a law breaking, FHA deal killer? Not been shown yet.

 

[CANative]

For FHA, The only places that don't HAVE to have mechanical heating of some sort are Hawaii, the Caribbean, and certain Counties in Florida.