DIYbanter - View Single Post

wrote:

Grandpa wrote:

wrote:

Grandpa wrote:

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.

Did the OP give any indication that the contract had anything requiring
the house to be fully updated to current code, even if nothing in the
municipal code requires it? Did you ever see such a thing in a home
purchase contract? The seller would have to be a total moron to sign
such a thing. Homes are sold ever day that don't have insulation that
would be required today, or the electric service capacity required
today.

The OP stated that the inspector griped about the water heater; if the
purchase contract was pending the correction of the results of the
inspection, then yes itcould be considered in the contract. You
projected bringing everything up to code which is not what I'm trying to
talk about. Just what the apparently novice inspector has wrought. But
the fact is, if the buyer puts it in the contract and the seller accepts
it, then yes the whole house could have to be brought up to code. Smart
buyer, foolish seller syndrome.

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.

A variance for a water heater that could just have a 18" stand placed
under it?

Yes, this is apparently a townhome, lots of homes by one builder at a
time, save on production costs, get a variance; happens all the time.

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.

Out of the ordinary situations? It's not at all unusual for a water
heater to be in part of the living space.

Apparently in this "inspector's" experience.

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.