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Home inspections do not include ‘Code’ inspections. Many home inspectors consider the word Code taboo. It is the ‘C-word. Today, I will share the arguments home inspectors use to oppose inspecting To Code. Then I’ll give my take on it all.
BUILDING CODES: THE CASE AGAINST
Two large organizations that serve home inspectors in the United States are the American Society of Home Inspectors, or ASHI (American Society of Home Inspectors) and InterNACHI (International Association of Certified Home Inspectors). These two organizations have a Standard of Practice which states that home inspectors do not need to report code compliance. ASHI’s Standard of Practice says that inspectors are not required to verify compliance of components and systems with current and past requirements and guidelines. InterNACHI states that “The inspector is not required by codes or regulations to determine compliance.” You can find similar language in the standard of practice for any state licensed.
Home inspectors do not inspect To Code, because it is almost impossible. A home built to code 50 years ago will still meet the code requirements. This is how building codes work. To inspect a house To Code, I would need to know all the historical codes of every trade for each period and every house. Even though we are supposed to all be on the same page regarding building codes in the Twin Cities area, there is still inconsistent enforcement and interpretation. No one can keep track of all this.
Home inspectors are not code enforcement officers. Home inspectors do not have the authority to force anyone to do anything. So why would we conduct a code compliance inspection? Building codes are constantly changing to make buildings more secure, durable, and energy-efficient. If I inspect a house 50 years old that has not had any modifications made, and I only inspect To Code it will be very difficult for me to have much to share. However, my home inspection will give me a lot more information about safety, durability, efficiency, and other aspects. My recommendations don’t have “teeth”, since I can’t force anyone to do anything. But my client will be much more informed about what they are buying.
WHY HOME INSPECTORS SHOULD BE AWARE OF THE CODE
Home inspections are done to inform the client, usually the home buyer. According to the ASHI Standard of Practice, inspectors must report on unsafe conditions. This is defined as any condition that poses a risk to bodily injury during normal day-to-day usage. The risk could be due to damage or deterioration or a change to residential construction standards. What are these standards? Although this isn’t explicitly stated, home inspectors know that it means “building codes”. This is how construction standards can be defined.
Inspectors use different building codes in different parts. This means that they have different standards for construction. In Minnesota, what is acceptable might not be in Minnesota. It is expected that home inspectors will know what is acceptable in their region and be able prove it. This includes knowing the area’s building codes. Every Home inspector in Minneapolis should know at least the version of the building codes in their area. They should also be able look up code references whenever something is not right.
The home inspector must balance many things when deciding what information to include in a home-inspection report. There is no right or wrong way. While I consider the building codes my North Star, I also need to understand the “why”. Let’s look at some conditions I have blogged about and what I would do to report on them.
A 50-year-old house without GFCI devices. GFCI devices are life-safety equipment that protect people from being electrocuted, are required in every home. I recommend that any home I inspect has GFCI protection for added safety.
A 100-year-old house has a steep basement staircase. These stairs are the most dangerous parts of a house. Modern stairways are safer than older, steeper stairways. What can I say about an older, steep stairway. My client might be concerned that the stairway isn’t as safe as a modern one, but that’s it. There is nothing you can do about an old staircase, except to add handrails or guards if they aren’t already.
Gas lines are made of soft copper. Soft copper is acceptable for gas piping in Minnesota. It is compliant with code and I have nothing to comment on it. However, if I was inspecting a house in another country area that doesn’t allow soft copper, I would make sure to mention this in my inspection report. My client would know that this material is not allowed as it is more susceptible to being damaged. Does this mean that I am inspecting To Code That question is not answered by me.
An air admittance valve that is used instead of a plumbing vent. Although air admittance valves in Minnesota aren’t permitted, I think they are fine. However, my client might decide to remodel their bathroom one day. Their plumber will make a big deal about it and tell them that “your home inspector overlooked this.”
This is a very high retaining wall that does not provide fall protection. It is not required to have guards or fences around retaining walls to prevent accidental falls. Even a small child can still be seriously hurt or even killed. This is a safety concern that I would like to highlight to my client and recommend they add a fence or guard. This is not a problem, but an opportunity to increase safety.
These examples could go on, but I believe I have made my point. Although there is no one right way for home inspectors, I believe it is important that home inspectors are familiar with building codes even if they aren’t inspecting To Code.
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