House Detective

The House Detective by Barry Stone, Certified Building Inspector

Dear Barry: How can I find pre-1985 building codes online. I was told that conditions that were legal when my house was built are subject to the “grandfather” rule and need not be upgraded to newer building standards. Is this true, and if so, how can I verity it? Beverly

Dear Beverly: Building codes have never been available online because the publishers of the building codes are in business to sell codebooks. And even if the codes were available on the web, you probably wouldn’t understand the esoteric language in which they are written.

The so called “grandfather” rule applies to all older construction. A building is only required to comply with codes that were in effect at the time of construction, unless specific upgrade requirements have been enacted. For example, all homes must have smoke alarms, regardless of whether smoke alarms were required when the home was built, and fireplace chimneys must have spark arrestors, regardless of older standards.

For specific answers to code questions, you don’t need to read the code. Just contact your local building department. The building official can tell you what was and what is required and can translate the codes to verbiage that you can understand.

The House Detective by Barry Stone, Certified Building Inspector

Dear Barry: What would be the consequences of improving our home without a building permit? The work to be done would include altered plumbing, new siding, new roofing, removing the electric water heater from the outside, installation of a propane water heater on the inside, repairing a sagging ceiling, replacing some windows, and adding an air conditioning system. We’re presently in disagreement as to whether permits are even required for this work and are wondering what we should disclose to buyers when the house is eventually sold. What do you advise? Gaye

Dear Gaye: Your list of proposed improvements and alterations is formidable and, according to the building code, most would require permits. Conducting work of this kind without permits exposes you to legal and financial consequences of several kinds, and these could be magnified by allowing the work to be done by someone who is not a licensed contractor.
If a qualified contractor were to perform the construction without a permit, the majority of the work could be expected to comply with code requirements, even though it would not be legal. But the lack of permits would have to be disclosed to future buyers, and this could significantly affect the marketability of the home. Some buyers would see this situation as a “red flag” and might demand that an as-built permit be obtained from the building department.

With an as-built permit, the municipal inspector could demand removal of drywall to enable inspection of the framing, wiring, plumbing, etc. Costly repairs could be mandated by the inspector, and this might include restoration of the building to its original state.

If a buyer agrees to take the property as-is, even with full disclosure of the nonpermitted work, future discovery of faulty conditions could lead to legal problems, possibly even a lawsuit.

If the proposed work is done by a handyman, rather than a contractor, the likelihood for any or all of the above consequences could be significantly increased. For these reasons, it is strongly recommend that the proposed work be done by licensed contractors and with all of the permits required by law.