Housing Codes
What Code Do I Use? You will learn about it here!

Note that it says "Housing Codes" not "Building Codes" there is a big difference and much confusion between the two and how they effect a pre-purchase home inspection. I have dealt with the "Building Code" issue before but only with a small segment of a "Housing Code." You might remember the bedroom issues in "Harry Potters Bedroom," if not go to the website and check it out. 

What is the big deal and what does it have to do with you? The home you are selling may not be required to meet everything in the current "Building Code," but it must meet the "Housing Code." "Building Codes" have to do with new construction. This code has been changed drastically over time and didn't exist at some point. Existing homes are required to meet the "Building Code," if any, in force at the time of its construction or modification, not the code in force now. The current building code for this state went into force in January of 2002, but for this year you can pick which code you are building under the new one or the last one. Does that sound confusing? All homes are however required to meet the "Housing Code." Confused yet? Well, hang on and you may be even more confused before this is over, but hopefully more informed. 

As I have stated before pre-purchase home inspections are not "Code" inspections. My home inspection contract states the following:

THE INSPECTION AND REPORT DO NOT ADDRESS AND ARE NOT INTENDED TO ADDRESS CODE

Why? The first issue is that it is virtually impossible for one individual to have a good handle on the current "building code" which entails volumes and references libraries of data. You can't even begin to fathom the knowledge required to address all of the past codes for every age home. Then there are those homes which were constructed pre-code. 

So, what about "Housing Codes," what is that all about? As I understand it, our state has chosen to enact enabling law, which gives each individual municipality and county the legal authority to enact and enforce its own "Housing Codes." These housing codes regulate the condition of existing homes. Fail to meet them and the governing authorities has the legal right to force the occupants out of the home, demand repairs of the owner and even to forcibly, if necessary, destroy a home which it deems by its "Housing Codes" to be uninhabitable. Now this is pretty serious business and I am sure you may remember hearing about the enforcement of these powers. The problem is not only can all of the municipalities and counties have their own, but also nothing is in force to assure their similarity or even that they exist at all. Therefore, they are different and in many areas non existent, although there is a movement afoot to change this. The simplest, safest, prudent method to deal with all of this is in a pre-purchase home inspection is not to deal with it at all. 

I use a more palatable and easier code (in my opinion) than all of these many and varied codes. I call it the "Grandfather Code." The code goes like this: Based on my knowledge and experience I will inspect every property as if my grandchildren were going to be its occupants and provide the same information to my clients I would if they were my children. For lack of a better explanation, call it "Hire a Grandfather." 

As the "Grandfather," I find it expedient to continuously be educating myself about homes, their related issues and, yes codes. Just because I don't do code inspections doesn't mean that I don't need to know about codes. After all what better way to gain knowledge about homes than to study codes. Currently I am spending time with the new 2002 edition of the North Carolina Residential Code and the Housing Code of the City of Winston-Salem. Doesn't that sound exiting? 

I thought that you might enjoy and gain from some of the issues addressed in these codes. Over time I will deal with the "Building Code," but for now lets talk about the "Housing Code." Remember the one I am reviewing for Winston-Salem is the code for the condition of existing houses inside of the city limits and has the force of law (You can attain a copy for $5.00 at the city revenue department first floor of City Hall South). This is how it is stated in the "Housing Code" "The provisions of this article shall apply to all existing housing and to all housing hereafter constructed within the city. Portable, mobile or demountable buildings or structures, including trailers, when used or intended for use as housing within the city, shall be subject to the applicable provisions of this article. Be aware that although they may not be exactly alike, many of the codes in other areas may be very similar. Here are some of the issues addressed in the Winston-Salem code I thought you might be interested in. Fail to meet the requirements, get caught and you or your client may not have a home to live in. 

Note that italics are the code and (bold, non italics inside parentheses are my comments) Some of the items have been consolidated for simplicity.

Lets begin with some definitions which are of interest or may help you better understand some of the later issues:

Habitable space and habitable room means any room or enclosed floor space in a building or structure or enclosed floor space in a building or structure used or intended for use for living, sleeping, cooking or eating, including, kitchens, but excluding bathrooms, toilets, halls, corridors, pantries, storage space, closets, laundries and other spaces not used frequently or during extended periods. 

Unfit for human habitation means a residential building which contains any of the following conditions, which conditions the board of alderman hereby finds render any building dangerous or injurious to the health, safety or morals (I don't have any idea what “morals” have to do with a “Housing Code,” but maybe you understand) of the occupants of the dwelling, the occupants of neighboring dwellings, or other residents of the city:

(1) Interior walls or vertical studs which seriously list, lean or buckle to such an extent as to render the building unsafe. 
(2) Supporting members which show 33 percent or more damage or deterioration, or a nonsupporting, enclosing or outside wall or covering which shows 50 percent or more of damage or deterioration. 
(3) Floors or roofs which have improperly distributed loads, which are overloaded, or which have insufficient strength to be reasonably safe for the purpose used. 
(4) Such damage by fire, wind or other causes as to render the building unsafe.
(5) Dilapidation, decay, unsanitary conditions or disrepair which is dangerous to the health, safety or morals of the occupants or other people in the city.
(6) Inadequate facilities for egress in case of fire, accident or other calamities. 
(7) Defects significantly increasing hazards of fire, accident or calamities.
(8) Lack of adequate ventilation, light, heating or sanitary facilities to such an extent as to endanger the health, safety, morals or general welfare of the occupants or other residents of the city.
(9) Lack of proper electrical, heating or plumbing facilities required by this article which constitute a health or definite safety hazard.
(10) Lack of adequate weatherization as required by section 10-197(g)(1)i.
(11) Lack of operable smoke detector as required by section 10-197(l).
(12) Any combination of other substandard items under section 10-197 which, in the judgment of the housing conservation administrator, renders any building dangerous or injurious to the health, safety or morals of the occupants of the dwellings, or other residents of the city.

Ventilation means the insufflation and the exsufflation of air by natural or mechanical means, to and from housing. (I hope you are awake, pay attention, how about these words? Insufflation and exsufflation is the act of breathing. A house must breath, note specifically the words "to and from" I will talk more about this later, for now, note that a heating and air conditioning system which does not bring in air from the outside and expel interior air, and most do not, are not "ventilation" systems as defined by the Winston-Salem Housing Code.)

Ventilation, mechanical means ventilation by power-driven devices.

Ventilation, natural means ventilation by opening to outer air through windows, skylights, doors, louvers or stacks, with or without wind-driven devices. 

Those habitable rooms (shall have) ... at least one-half of the floor area having a ceiling height of at least seven feet six inches. That portion of any room where the ceiling height is less than five feet shall not be considered as part of the floor area. (How many basements and attic rooms have I inspected, which were included on the listing sheets as part of the overall square footage of the homes, do not meet this requirement? Pay close attention to the next one!)

No basement space shall be used as a habitable room or housing unit unless:

a. The floor and walls are impervious to leakage of underground and surface runoff water and are insulated against dampness. (How many homes with leaky damp basement rooms have you sold?)

b. The total window area in each room is equal to at least the window area sizes prescribed in this section for habitable rooms (see subsection (b) of this section, pertaining to light and ventilation standards). (This section will be covered farther down in this article pay close attention. I find new construction, which fails to meet these requirements, imagine that.)

c. Such required window area is located entirely above the grade of the ground adjoining such window area. (Are you paying attention? Window wells on the required windows are not acceptable for habitable space. How many of those have you sold?)

d. The total of openable window area in each room is equal to at least the area prescribed in this section for habitable rooms (see subsection (b) of this section, pertaining to light and ventilation standards), except where there is supplied some other device affording adequate ventilation and approved by the housing conservation administrator.

(Here is the subsection (b) referenced above. There are some very interesting issues here, which may be surprising to you, they were to me as well. Before you read this, go back and read the definition for "ventilation" and my comments above.)

Window area in each habitable room shall be at least ten square feet and shall face directly to the outside. (There is much more information here about how much window areas must be increased if the light is obstructed by another structure but I will not deal with this issue here. Remember, a habitable room is any room used for "living, sleeping, cooking or eating" simple stated a room you spend extended time in.)

Openable window area in each habitable room shall be at least one-half of the minimum window area. (Lets see if I can state this bluntly enough. YOU MUST BE ABLE TO OPEN ONE HALF OF A REQUIRED WINDOW. This means painted shut and broken sash cords are not acceptable on the required window area. How many homes have you sold with windows which you couldn't open?)

All windows and doors opening to the outside shall be adequately screened, unless the room or unit is served by an approved ventilating system. (Maybe you had better read this again! In Winston-Salem window screens are required! Remember that an approved ventilating system must bring outside air in and remove inside air or allow the home to breath. Heating and Air Conditioning systems installed in almost all homes do not do this. Window screens in Winston-Salem are not discretionary they are required by law, note the “shall.” It doesn't appear such law is very well enforced. How many homes have you sold or shown which do not have window screens? Aren't you pleased we home inspectors are not code inspectors?)

Windows and doors shall be reasonably watertight, shall have no broken glass, and shall have adequate locks and hardware. (Did they say locks? Have you not been too concerned about the lack of locks on windows, which you couldn't open anyway?)

Natural ventilation of spaces such as attics and enclosed basement space should be provided by openings of sufficient size to overcome dampness and to minimize the effect of conditions conducive to decay and deterioration of the structure, and to prevent excessive heat in attics. (This is clear, but do you think that "such as" might also include crawl spaces?)

(6) Utility spaces containing heat-producing, air conditioning and other equipment shall be ventilated to the outer air, and inside air from such utility spaces shall not be recirculated to any dwelling unit. (How many return air vents have I witnessed in unfinished basements where the furnace or air condition equipment is located or for that matter covers missing off units even in crawl spaces sucking air into the home? How many of those basements had outside ventilation? I don't recall any.)

All exit doors shall be easily operable. (Do you think that means that you must pull on it with all the force available in your body to get it to open?)

The plumbing system shall be connected to the city sanitary sewer system where available; otherwise, the plumbing system shall be connected onto an approved septic tank. (Guess what, washer drains are part of the plumbing system!!!! If you don't think this is enough, call your local health department and ask them where a washer should drain. I don't even like to think about how many of these I see within a stones throw of Baptist Hospital.) Fixtures shall not be cracked, broken or badly chipped. (Chipped, did it say CHIPPED?) Every water closet compartment floor surface and every bathroom floor surface shall be so constructed and maintained as to be reasonably impervious to water and as to permit such floor to be readily kept in a clean and sanitary condition. (Carpet, carpet, what did it say about carpet?) The arrangement of fixtures shall provide for the comfortable use of each fixture and shall permit at least a 90-degree door swing. (Does the door hit the toilet? What about that added attic bathroom, can you get up and down without bumping your head on the ceiling?)

Liquid fuel stored on the premises shall be stored in accordance with the provisions of the fire prevention code. (Fuel, fuel, is gasoline fuel? Where is it? In glass jars next to the furnace?)

Chimneys shall have no loose bricks. Flues shall have no holes. Thimbles shall be grouted in tight. Thimbles shall be installed high enough for stove pipe to rise one-fourth inch per foot minimum. The hearth shall be at least 20 inches deep and seven inches beyond each side of the fireplace opening. No combustible materials shall be within seven inches of the top and seven inches of either side of a fireplace opening. If the fireplace opening is closed, the closure must be of masonry. No combustible materials shall be within 12 inches of a stovepipe. No stove pipe shall be routed through combustible walls. Fireplaces shall be used only for supplemental heat and not be basic heating. (How much explanation does this need? Is wood combustible? Hearth 20” deep, that's two and one half brick, not two! Can a room be heated with a fireplace wood stove insert?)

Flexible cords shall not be used as a substitute for the fixed wiring of the structure, nor shall flexible cords be run through holes in walls, ceilings, or floors, or through doorways, windows or similar openings, or be attached to building surfaces or concealed behind building walls, ceilings or floors.

The foundation shall be on firm, reasonably dry ground, and there shall be no water standing or running under the building. (Dry, no water? You read it here!!!) No wood stiff-knees or other improper piers shall be allowed. (It's very evident the code enforcement inspectors in Winston-Salem haven't been in the crawl spaces I have been in. I could fill up a big truck with "wood stiff-knees from our fair city.)

No rotted or termite-damaged sills, studs, (or sagging) joists, rafters, broken or cracked structural members shall be allowed. No broken, overloaded or sagging sills shall be allowed. Sills shall be reasonably level. Sills shall be properly and sufficiently supported. Sills shall clear the ground by at least 15 inches. There shall be no two-inch by four-inch floor joists. Joists shall be properly bridged at midspan when the span exceeds ten feet. Flooring shall be weathertight, without holes or cracks, which permit air excessively to penetrate rooms. Flooring shall be reasonably smooth, not rotten or worn through. (I guess that means that I shouldn't be able to push my thumb through it, don't you think?) No loose flooring shall be allowed. (Do you think that includes floor coverings? It's about someone falling, isn't it.) Floors shall be reasonably level. (There is that "reasonably" word. What's reasonable to you may not be reasonable to me. "Sagging," did it really say "sagging"? Oh, yea, there was a little damage, but it's not to bad. There is that little tiny powerful word. What does it you mean when you say NO? Note, it does not say consult a structural engineer or reputable contractor to determine if repairs are necessary, it says here NO, NO, NO.) 

All siding shall be weathertight, with no holes, cracks or rotted boards, which permit air excessively to penetrate the rooms. No loose siding shall be allowed. No deterioration due to the elements because of lack of preventive maintenance consisting of painting, waterproofing and repair shall be allowed. (Painting, did it say painting? Did you know that painting was a "code" issue? Not according to the Realtors I have heard explain the painting issue.)

The interior finish shall be free of holes and cracks, which permit air excessively to penetrate rooms. No loose plaster, loose boards or other loose wall materials shall be allowed. There shall not be allowed as a wall finish any cardboard, newspaper or other highly combustible material. (Do you think plastic is "highly combustible"?) No loose plaster, loose boards, loose sheetrock or other loose ceiling finish shall be allowed. (You think that includes acoustical tile?) There shall not be allowed as ceiling finishes any cardboard or other highly combustible material. (Do you think plastic below the basement floor insulation is OK? Is it possible that it is "highly combustible")

Attics shall be properly vented. No rafters shall be nearer than two inches from any chimney. No rotted, loose or sagging sheathing shall be allowed. No loose roof covering shall be allowed, nor shall there be allowed any holes or leaks, which could cause damage to the structure or rooms. Walls and chimneys shall have proper flashing. (Be aware that "proper" does not include asphalt shingles, tar, asphalt or mastic. We are talking metal flashing here!!!)

Stairwells and flights of stairs, attached to or within a dwelling unit, that contain more than four risers shall have rails not less than two feet six inches measured vertically from the nose of the treads to the top of the rail. (I don't think I have ever witnessed an exterior basement stairwell, which had a handrail on it. What is the comment; "I have lived here 123 years and it has never been a problem.") Every rail shall be firmly fastened and maintained in good condition. No flight of stairs settled more than one inch out of its intended position or pulled away from the supporting or adjacent structures shall be allowed. (There it is again, "you know what, I have lived here 47 years and this has never been a problem, no one has fallen yet." You know what, it isn't the ones who haven't fallen yet you need to be concerned about.) No rotting, sagging or deteriorated supports shall be allowed. Every stair tread shall be uniform in height, sound and securely fastened in position, and strong enough to bear a concentrated load of at least 400 pounds without danger of breaking through. (Did it say "400 pounds? Yep, if my aunt Flossy can't walk up it safely, it just isn't safe. Bet you have an Aunt Flossy as well, don't you.)

(Pay close attention here!!!)

All accessory buildings and structures, including detached garages, shall be maintained structurally sound and in good repair or shall be razed to grade level and the debris there from removed from the premises. (How about that for being tough, and you thought we pre-purchase home inspectors were tough. What was it you told your last client about that dilapidated garage?)

(If you think some of this is tough you should read the section on “Property Maintenance.” And then there is the “Insulation” section I was surprised to read this section.) 

Insulation. Ceiling insulation rated at least R-19, or a minimum thickness of four inches of insulation when approved by the housing conservation administrator, and consisting of rock wool, (glass) or fiberglass, or other materials exhibiting fire resistance capacities equal to or greater than rock wool or fiberglass, shall be required in the ceilings or all dwellings within 30 months after April 8, 1980. (Do you need to read it again? In the city limits of Winston-Salem, attic insulation in existing homes of every age is not an option it is a requirement!)

Wake-up, if we home inspectors were doing "Housing Code" inspections in the City of Winston-Salem and most other major municipalities, you would be loosing a lot more sales than you might already be complaining about. Would you like us to start doing "Code" inspections? Think about that the next time you flippantly say: "but, it meets code" unless of course you know what the code is. Start raising the "Code" issue and you may be out in the cold without a blanket. Let me say it very clearly again. PRE-PURCHASE HOME INSPECTIONS ARE NOT CODE INSPECTIONS. Any home inspector who thinks he might be addressing or leads a client to believe that he deals with all code issues is in for a very rude awakening.

Thought for the week

Politics is supposed to be the second oldest profession. 

I have come to realize that it bears a very close resemblance to the first.