grandfather clause

Originally Posted By: jpiatt
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please let me know how you handle “grandfather clause” on older homes, and available hud training


Originally Posted By: dbowers
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Jerry -


What are you asking us??? Code Inspectors "Grandfather" certain conditions, etc. As a top-rate thorough home inspector - you don't!

For example: The house is 30 years old and the original gas-fired water heater is sitting in the middle of the garage floor. From a code guys perspective - its "Grandfathered". From your perspective its a potential safety hazard to your client and you will report it as such.

Both of you were right and doing your jobs - but they're different jobs.

Dan Bowers, CRI


Originally Posted By: dfrend
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Right on Dan! icon_biggrin.gif



Daniel R Frend


www.nachifoundation.org


The Home Inspector Store


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Originally Posted By: rhinck
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Jerry,


I had the exact thing Dan is describing happen last week. The water heater was on the floor of the garage along with sweat copper gas piping and even a compression tee fitting in it. I called it out as a safety issue. The home owner called and explained that their home was “grandfathered” before the code. I explained that I knew that but it did not make it safe. We have to stick to our guns on safety issues such as these.



Rick


Originally Posted By: dfrend
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That is one of the biggest things I want to stress as part of the Safe House Campaign. You may even find things that are not included as part of your normal home inspection, but if you see an obvious safety hazard, you should still report it.


Tell the client " You do not HAVE to correct this, but I care about your safety, and have been hired to protect you, therfore I HAVE to report this to you"


--
Daniel R Frend
www.nachifoundation.org
The Home Inspector Store
www.homeinspectorstore.com

Originally Posted By: kmcmahon
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Yep…ditto to what was said…there’s a whole thread on this topic where I had an argument with fellow inspectors from my area regarding this. They felt it was grandfathered…I felt it needed to be told.



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Originally Posted By: psabados
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Whats wrong with including a section in your report recommending future safety grades at a later date. Yes, it was OK back then! But these are things that can and will protect you, your family and your property! The choice Mr or Mrs Homebuyer is up to you. If and when you decide to make the upgrades is up to you also.


Just my two cents worth

Paul

Counting down the days to Orlando 2005 T-minus 236 and counting


Originally Posted By: Mike Parks
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Doesn’t ‘grand-fathered’ imply a code interpretation?


Are you doing code inspections?

Is it a defect?

Mike P.


Originally Posted By: kmcmahon
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I would say, that’s the argument in a nutshell…we don’t do code inspections per-sa.


Like Russ stated once (long ago on a post far, far away)…it was a defect back then…we just didn’t know about it until now. icon_wink.gif



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Originally Posted By: Mike Parks
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Kevin


If it was or is code compliant, how is that a defect?

Mike P.


Originally Posted By: kmcmahon
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Mike Parks wrote:
Kevin

If it was or is code compliant, how is that a defect?

Mike P.


I think this says what I'm talking about...it's a quote from another thread

dbowers wrote:
On the grandfathering thing. As an ICBO, BOCA, and ICC code certified inspector in electrical, plumbing, building and mechanical - I am well informed many issues in an older home are "GRANDFATHERED" by codes.

Now that we've said that lets assume the house is 30 years old - the water heater is on the floor of the garage & the gaps in the deck rails are 12" wide and the deck is 16' off the ground. Being a GOOD HOME INSPECTOR that doesn't make realestators mad BECAUSE these issues are GRANDFATHERED - you don't report on them.

Now lets assume that 2 weeks after the buyers move in their 3 year old is playing on the deck and takes a nose dive through the railings. Thankfully the little guy only breaks his arm and knocks out a couple of teeth.

The next month dad is working on the lawnmower in the garage while mom is doing dishes - the gas fumes get pulled into the water heater burner - it explodes and burns the house down.

Now, when you get into court (AND BABY TRUST ME YOU WILL BE IN COURT, UNLESS YOUR INSURANCE COMPANY DECIDES THE ONLY SMART THING FOR THEM TO DO IS SETTLE OUT OF COURT) - just explain to the jury that the reason you didn't report on those issues is because they're GRANDFATHERED. I'm sure they'll understand.



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