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General Inspection Discussion This is a place for general discussion about the home inspection industry. Try to keep the posts topical, but they need not be as specific as the other areas of this board.

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  #16  
Old 4/26/08, 4:07 AM
Karl E. Gerhauser's Avatar
Karl E. Gerhauser Karl E. Gerhauser is offline
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Default Re: Grandfathered In

I agree also, all my comments are to the best standard and every home is compared to that. Being grandfathered only plays to if someone is or is not required to fix the defect. I stay out of this(unless cornered and threatened as in my code thread). Any time you can just let the 2 sides duke it out, you are better off. As was said to me "you don't have a dog in this fight".
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  #17  
Old 4/26/08, 6:38 AM
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David P. Valley David P. Valley is offline
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Default Re: Grandfathered In

While we are on the subject of grandfathering....

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  #18  
Old 4/26/08, 1:03 PM
Jon Randolph Jon Randolph is offline
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Default Re: Grandfathered In

I don't worry about grandfathering. I recommend GFCI's as an upgrade, but you are talking about safety issues. If it were a 2nd floor balcony with baluster spacing of 7" you would recommend a repair with spacing no more than 4" wouldn't you? What if the 1906 home has no smoke detectors, do you grandfather it or recommend that they be installed?

If the room is a bedroom, it is a bedroom and must meet the egress requirement. I don't care if it is currently being used as an office or not, it will likely be returned to a bedroom at some time. Should you not call that out, it will be on your shoulders when the old couples grandchild perishes in a fire because they could not get out. Should they sell the home before your limitation in the inspection agreement runs out, you may be paying for the windows yourself. I also inform my clients that if basement windows do not meet the egress requirement, it can not be safely used as a bedroom.

On the business end, this is a referral business. You do not want another inspector to find something major that existed when you performed your inspection and you did not mention. Abad reputation is not good for business.
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  #19  
Old 4/27/08, 6:49 AM
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David A. Andersen David A. Andersen is offline
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Default Re: Grandfathered In

It is your job to call it to the attention of the client. It is not your job to tell anyone what must be repaired. You have no enforcement powers except the influence on the buyer to sign the check at close of escrow. If your client wants the seller to paint the house purple, they can contract for that in the purchase contract. Codes has nothing to do with anything. You point things out, if it is a concern to the buyer then the seller needs to consider fixing things or sell the house to someone else.

When you become the one demanding repair by the way you write your report, then you cross the line.
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  #20  
Old 4/27/08, 8:04 AM
Brian A. MacNeish Brian A. MacNeish is online now
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Default Re: Grandfathered In

Quote:
Originally Posted by wdecker
Totally agree!

"Grandfathering" is just a local political term that means "we do not have the manpower, budget or ability to make sure that old houses are as safe and of the same quality as new houses, so you are on your own and we wash our hands of any responsibility if something bad happens. After all, we are the government and have the ability to do this. But no one else does."

If it does not meet current national construction standards, call it out.

Hope this helps;
William:
This is a bit impractical unless you want the gov't contolling all of your life the same way. For example, in Canada, we re-issue a new national builing code code every 5 years but between code cycles, usually in January of each of the intervening years, updates are issued as they become adopted by the code officials. So if every January a notice from the code bureaucracy comes in the mail saying this year you must upgrade this, this ......and this, there would be another Boston Tea Party at city halls around the nation. The mandate of codes is: Public health and safety &Stuctural sufficiency so many changes may be considered "Necessary".
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  #21  
Old 4/27/08, 11:06 AM
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William J. Decker William J. Decker is offline
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Default Re: Grandfathered In

Quote:
Originally Posted by Brian A. MacNeish
William:
This is a bit impractical unless you want the gov't contolling all of your life the same way. For example, in Canada, we re-issue a new national builing code code every 5 years but between code cycles, usually in January of each of the intervening years, updates are issued as they become adopted by the code officials. So if every January a notice from the code bureaucracy comes in the mail saying this year you must upgrade this, this ......and this, there would be another Boston Tea Party at city halls around the nation. The mandate of codes is: Public health and safety &Stuctural sufficiency so many changes may be considered "Necessary".
Not saying it is practical, impractical or making any judgment about it. Just describing it.



Will Decker, CMI
ILL License # 450.0002240
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Decker Home Services, LLC
Chicago and Northern Suburban Home Inspections
Office: (847) 676-8393
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