Jay Markanich

Did I say that the house is the house? Well, sorry, I meant to say that the house is the house. Sound the same? It is. That is something that never changes.

At the end of my last inspection the other day, but before the thermal IR exam to follow, my client said to me, "So, tell me the truth. My agent obviously has a vested interest in whether or not I buy this house. He recommended you. So far you have told me that the house is in good shape. I smell a rat." The agent had to leave and did not hear this.

I have to confess, I really hate it when this happens!

My response to such a statement is typically low key and with a soft voice. It was, "Lulabell (not her real name), the house is the house. It is irrelevant to me whether or not you buy it. My job is to see what I can see and tell you about it. Straight up. I am not an alarmist, but I AM very frank. This is my fourth foreclosure inspection in the last two days. Two decided not to buy because of the problems found. One is still on the fence. YOU, and your agent, have found what appears to be a great house. Whether you buy it or not matters nothing to me. But, please understand, the house is the house."

What you don't know yet is that outside the sellers had previously tried to extend the downspouts from the house. They were poorly done. One in particular bothered me. It was in the corner beside a stairwell and under a tree which was too close to the house. I explained to her that it was not well done, the tree will hold moisture against the house, that foundations don't make effective boats, and so on. I also didn't like the way two window wells were drained. There was also some cracking in the stone facade around two windows. INSIDE there was no evident problem with any of that. She thought nothing of my musings outside.

Back to inside - "Do you still want to do the IR sweep of the house?" (That tacks another $300 onto the home inspection fee.) "Yes."

Well, Holy Water Batman! I found evidence of moisture at each of those locations! Not a lot, just the beginnings, but obvious moisture. Hopefully it is corrected before it becomes a major problem. She was fascinated! She virtually watched over my shoulder the rest of the time with the camera as I snapped digital IR images of each spot. Suddenly bubbly. Gushing really. The bank will do nothing about it you know. But knowledge is power, and NOW SHE KNOWS!

Later the agent called to say how pleased she was with the inspection. She said that he could not have picked a better home inspector. Aw, shucks...

I think she liked me.

I don't hate it when that happens.

The house is the house...

In this final Home Inspectors and Codes post, let’s summarize.

• In contrast to codes which specify minimum standards, nothing stops homeowners and builders from exceeding the code.

• A code-compliant structure may not satisfy needs – an upstairs office may be too heavy for the code.

• Home inspectors are generalists and simply cannot know all code details.

• Home inspectors identify and report on anomalies in homes in general terms. A precise risk evaluation of any identified flaw should be recommended to a specialist for further identification.

• Home inspectors do not enforce codes or even identify code deficiencies. That exceeds the scope of a home inspection, which is to observe and report.

• Home inspectors will rely on codes as general guidelines for reporting on something found during the inspection.

• A code deficiency found by homeowners is often corrected by builders after the local Authority Having Jurisdiction has been called and a violation declared.

• Code deficiencies are not violations until the AHJ has written a citation.

• Repairs and remodeling usually requires permits. Contractors know they probably won’t get caught doing work without a permit indoors. They may resist getting a permit or say it simply isn’t needed. Check with the local authorities! A contractor who wants to proceed without permits is considered suspect.

• It is usually the homeowner and not a construction “professional” that is ordered by the court to correct violations.

• On new construction, the supervisor on site and the subs hired determine how well the builder’s specs have been met.

• Home Owner Associations can stipulate things outside the local codes and those stipulations in effect becomes “The Code.”

• If it doesn’t feel right or look right – QUESTION IT! Remember – Mother Nature is the ultimate authority. She will enforce the principles underlying all codes WITH IMPUNITY !! Just look at her! With impunity I tell you!

My Recommendation: Your home inspector tries very hard to stay current and while he may not be specifically aware of all codes, he will be trained to observe and report ... and be discriminating! Hire one you can trust!

Yes, it's true. I discriminate. There, I said it. I can't help it. It is a part of me. It's necessary for my profession, at least, if I want to be successful.

But don't think less of me. Oh, you thought I meant... well, no, not that.

I mean to say that I am discriminating. It can be a good word. It comes from the Latin word cernere, originally to "sift" or "decide."

Some other words we get from "cernere" are:

Certain - which means decided

Decree - a decision

Discern - to sift apart

Discreet - originally, showing good judgment

As a home inspector, I have to show good judgment. I need to look at wiring to decide if it is proper and make a good judgment, sifting good from bad. Roof shingles, foundation walls, appliance operations, windows, garage doors, remodeling - wow, you name it, I HAVE to be certain and discriminating. In a thousand ways, every day. I'm told that I am good at it!

My clients count on it.

I have to confess, I have practiced discrimination, I mean real discrimination. When I met my wife, some centuries ago (ask her, for her it's been at least that long...) I discriminated on the basis of age, gender, race, religion, education, physical appearance, political proclivities, family values and sexual orientation. I have also steered her towards particular neighborhoods. Yikes! Well, truth be told that is.

There's probably all kinds of federal law violations there... but I digress.

My recommendation: Hire a home inspector with a discriminating attitude! They're the best...

Yesterday I had an inspection with a concerned, very nice young single mother who bought a 4 year old foreclosure. She moved in about a week ago. She noticed things with the house.

Her agent told her that since she was obtaining a Veteran's Administration loan, the VA would do an "inspection" and she didn't need to have a home inspection.

The VA inspector/appraiser told her the same thing.

Well, she should have had an inspection! Had she my list in hand for the VA guy he could have required lots of things for the bank to do prior to her occupancy. Things apparently he knew nothing about. Now, they are all her problems.

I spent a lot of time with her teaching. She needed it. There are many fixes needed and she should get right on them. Her family can help, so she is in luck there. Fortunately she lives only a mile from us and my wife will make sure she is taken care of.

At the end of the inspection I got a hug and kiss on the cheek! She called me "awesome!" That does not happen very often. She now knows what she needs to do and where to go for help. And she can count on me... Peace of mind is worth a million bucks!

My recommendation: get a home inspection!

Can a home inspector help when it comes to codes and new home construction? Since the inspector has no juice as an Authority Having Jurisdiction (AHJ), what can he do? And what do home buyers do about codes and their new homes?

Most new home buyers have little way of knowing if a house has been properly constructed. While your home inspector may not have jurisdictional authority, he should, and most likely does, have a basic or specific understanding of the codes in the area. Most inspector's reports have verbiage that identifies items he thinks suspect, and recommends further investigation.

This will go for older homes as well. It doesn’t matter to your inspector if the homeowner does not have to improve something to meet a modern code. If he sees something that is not correct, or should he identify something as lacking, insufficient, unsafe or whatever, almost always he will recommend it to a specialist for further evaluation for reasons of safety or common sense. Deck guardrails, for example, if built today, are to have vertical balusters that are separated by the width of my hand. That is how I check them! Older decks may have balusters that are spaced wider apart or even guardrails that are horizontal. Is the homeowner required to bring that up to the modern standard? No. But I have language already built into my report software that identifies many such problems and recommends further evaluation.

The AHJ sometimes renders imperfect inspections of new construction. There are few inspectors in most jurisdictions, usually with many, many homes to inspect. They really have little time for each structure and are looking for big things. On one recent pre-drywall inspection, the county inspector showed up and asked me what I had come up with. After pointing out some things to him, he said, “I’m failing it,” and walked out! He had been there less than five minutes and I was very surprised. But I do NOT think that is common practice.

Builders usually give a guarantee for what I call “the structure and the stuff.” If someone bought a home that did turn out to have some flaw to report to the local code authority, most jurisdictions give them a year to do so. If the AHJ was to agree and report it to the builder, the flaw then becomes a violation and subject to court action. But if the builder has gone out of business or left the area, the new homeowner may be ordered to correct the error. And any other deficiencies found to be violations. Code enforcement authorities are usually quite amenable and reasonable and even help to work things out.

For remodeling, most community Home Owner Associations require permits for maintenance, repairs and improvements so going through them often gets one square with what the County might require. Also, as to codes, community rules often supersede local codes and, in effect, become “THE CODE.” Check the rules with both authorities before a project is begun.

You should know that MOST code enforcement is against homeowners and not professionals who don’t follow the rules. The best way to avoid having to tear things apart and start over is to get a permit first. If a contractor says to you that a permit isn’t necessary, beware!

Remember, codes are minimum standards! They may not be adequate! This is especially true if a house is used in an unintended way. How many of us have converted a bedroom into an office, adding shelving, cabinets and all kinds of equipment? Part of the code-compliant room may be overloaded beyond the floor strength it was designed to handle as a bedroom. A roof overloaded with ice and snow can be code-compliant but collapse. Codes are minimum standards.

My recommendation: When I am asked if this or that is a good builder, my response is that it depends on the supervisor on site every day and on the subcontractors. The supervisor is responsible to make sure that the architectural specs are implemented. If the supervisor does not want to work with you, or is incommunicado, get answers from someone else! And a pre-drywall inspection and one just before the final walk through are highly recommended!