DIYbanter - View Single Post

wrote:

Grandpa wrote:
[...]
The inspector should have known if that was a "grandfathered" condition
and noted it. Only your city building department can answer that
question now. It may be that there was a variance issued for the builder
or your assumption is correct. Either way, talk to the local department.
If its a prior condition, the buyer may give you a pass, or they may
not; its really going to be the buyer's call.

A buyer can't require a seller to bring an existing house up to the
code requirements of what it would be if it were built today. If it
met code when installed, then generally that is all that is required.
A buyer can't force you to upgrade a house to every standard that
exists today. For example, many homes are sold every day that don't
have the electric service capacity or insulation that would be required
if they were built today. Just because a home inspector says the
house doesn't have the insulation that would be required today or the
electic service capacity, doesn't mean the seller has to do upgrade it.

There are, however, some exceptions that are spelled out and applied to
all homes when they are sold. The requirement for smoke detectors,
for example. I'd call the code enforcement folks at town hall and ask
them what's required re watere heaters.

And one thing I'm curious about. What is the reasoning behind the 18"
off the floor requirement?

Actually, the buyer can ask for anything they want, and if it gets into
the purchase contract, then they can require it. That could include
updating to code, if in the buyer's mind the item in question was never
to code. Its now a question of wanting to close or not. The "code
enforcement folks" as you say can either clarify the original code
requirements or explain if a variance was allowed at time of
construction. If the 18" requirement only apples in garages, then the
seller can explain why they don't believe they have to "fix" it, but its
still the buyers call - it could be a deal killer. Not likely, but it could.

Nonetheless, it sounds like the "inspector" didn't know how to deal with
out of the ordinary situations, or he's using one of those "check off
books" that don't require a lot of "smarts." You know: "Gas Water Heater
18" above floor? __Yes __No" with no allowance for actual location.

IME, most water heaters are located in the garage, where it makes sense
for the gas burner to be 18" off the floor to keep it from igniting the
gas leaking from your parked car (as if anyone has room to actually park
a car in the garage), or your gas grill cylinder. The 18" requirement in
garages has been around for a lot longer than 8 years when that home was
built.

--
Grandpa

What is that dripping from my fingers?
Why it looks like time.