Customer settled on this house in May of this year. When I arrived for the city rental inspection I knew two things. The original structure was built in 1920 and the last major remodel was in 2007 (both items from tax records).
The customer used an agent provided Home Inspector for the purchase (May 2023). There was no smoke alarm on the main (1st) floor. The CO alarms were single station battery only units with AA batteries. ALL of the hardwired smoke alarms were dated 2007.
For use as a private residence there is no requirement that the CO alarm have long life (10 year) batteries (§12–1104.). For a rental unit there is such a requirement.
The major failing of the HI’s report was missing the fact that ALL of the smoke detectors were past their reliable use date and the legal requirements of a rental dwelling.
The customer was understandably upset. I was asked, “Why did it ‘pass’ inspection?”
Three reasons, in 2007 (when permits were pulled) it met current smoke / CO requirements. The HI (for purchase) did not know you would be using it as a rental property. The HI did NOT check the dates on the existing smoke detectors at the time of purchase inspection.
No excuse for the last item. The HI did not do his job!
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ndegaris
(Neil DeGaris, CMI KY License # 102167)
2
In my area city/county has an ordinance for single station smokes have to be replaced on each and every real-estate transaction.
We’re not there yet, but it is important to identify smoke detectors that are beyond their useful life. That is a defect. It should be further noted that MD’s law requires smoke detectors be replaced with like kind. Battery only cannot replace hardwired.
Yes, but that is for interconnection not hardwiring. For a private residence battery only smoke alarms are fine, but as soon as the zoning is changed to become an R-1 occupancy the rules change (depending on county).
They are required to have back up batteries as well. Hardwiring powers the unit and the batteries are only used in the event of a power failure. You already know this.
I don’t make the rules. In the rental arena I just ensure they are followed (else no license).
This is a distraction from the fact that the Home Inspector for the purchase of this property did not determine that the existing smoke detectors were obsolete (over 10 years). Obsolete smoke detectors is a defect and should have been reported.
Yes, but hardwiring has ZERO effect on a batteries lifespan, as hardwiring does NOT charge the battery. Granted, if there are frequent nuisance sound-offs, a battery weakens and becomes less dependable, but then, so does the alarm itself.
Yes, I do.
Absolutely, and IMO, they should be replaced when they are nearing 5 years old, (and no later than 7 years old), at the same time the CO alarms are replaced!
That’s a deceptive statement. The battery life in the event of a hardwired smoke detector with no power failures is the same as the batteries shelf life (it is never used). So hardwiring does have an effect.
No I never saw the report. But he has no reason to lie. His Home Inspection was done in May of 2023 and the smoke alarms were dated 2007. So either the report did not say the smoke alarms needed to be replaced (we’ve had this discussion before and many opinions expressed said they did not check the date during an inspection) or the agent dismissed the whole idea as inconsequential (legally and ethically the agent is responsible for the buyers interest - so more than likely the issue never came up (not in the report)). Someone dropped the ball, I don’t care who!
As usual JJ has contributed nothing to this thread. If you inspect in Maryland (which he does not) the rental inspection requirements specify hardwired with battery backup. Obviously the legislators believe (rightly or not - it doesn’t matter) that hardwired smoke detectors are more reliable than battery only (this can change) and that smoke detectors should be replaced at TEN year intervals.
If you inspect a home for purchase in this or any other state and don’t determine the smoke alarms manufacture date you have missed a possible defect for which you may be liable.
I don’t even mean that he is intentionally lying… I just know that far more times than I can count I’ve been accused of not reporting something, only to pull up the report and find it clearly there. Buyer’s are terrible “witnesses” to what they were informed about.
As an industry we should default to protecting one another… not tearing one another down.
Been there myself. I am not trying to disparage the inspector per se. I am merely repeating a situation as it was revealed to me (after the fact) and cautioning inspectors to check those smoke detectors. In past threads on this subject we have heard from inspectors who felt it was unnecessary to pull the smokes down and here is a situation where the client’s needs were not met. He specifically bought this property to rent (Johns Hopkins is two blocks away). Lack of communication occurred at some level. I don’t know the original inspector and did not “throw him under the bus” to the client. Because of the recent timing of the inspection this is a situation that could be a major liability so I hope he did put it in the report and it is simple negligence by the buyer or agent to read the report,