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Structural Letters & Repair

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Legal Notice

 

Sent: Saturday, June 16, 2001 12:40 PM
Subject: Structural Letters & Repairs

Structural Letters & Repairs
 
This week I received another of those calls from a loan underwriter asking if the home I had inspected was "Structurally Sound". This particular home was eighty years old, had sagging floor joist and questionable joist spans with extensive re-supporting. There was damage to the center girder from wood destroying insects, which had been resupported. Taking it a little farther, some of the rafters were sagging, fly rafter support brackets were not properly supported and sagging and some of the fly rafters were dropped. The underwriter had requested and received a copy of my report from the client, read through it along with several of her associates and was concerned that nowhere in the report did it state that the home was structurally sound. She asked: "Is this home structurally sound?"    
 
As you should be well aware, most lending institutions when termite infestations or damage is reported by the pest control inspector, require what is referred to as a "Structural Letter". Some times they will demand a similar letter on an older home. What they are looking for is a professional to state that the home is "Structurally Sound" or the "the structural integrity of the building has not been compromised". Generally the loan underwriter will insist that this letter be from a licensed contractor or professional engineer and will not accept such from a home inspector who does not also meet those qualifications.
 
To those who may not be involved in structural design, construction or building inspection, the term "Structurally Sound" is lightly thrown around. You will often hear a realtor state: "It may look a little rough around the edges, but it is structurally sound and a little clean up and paint will work miracles on this home." Does this realtor know by experience and or education that the home is actually structurally sound? Not likely. Should the realtor make such a statement? Probably not. Be careful, and guard your comments. Don't make a statement you can't support. Say: "It may look a little rough around the edges, but it appears that it might be structurally sound. We should have it checked out by a professional."
 
Who then can use those words, the underwriter may be demanding, such as "Structurally Sound" or declare that "the structural integrity of the building has not be compromised"? Most home inspectors and licensed contractors are not qualified to use those terms and are fools if they do. A structural engineer will be very careful how he uses such words and if he does will weight them down with disclaimers. If he fails to do so, he is a fool. Have I used them in the past? Yes, and so have many others who shouldn't have. Will I use them in the future? ABSOLUTELY NOT.
 
There has been some uproar in the past year over this issue. Many home inspectors even if they are licensed contractors have refused to write "Structural Letters". The members of the North Carolina Licensed Home Inspector Association through their executive director Gus Stasi set out to get an official opinion as to who is qualified to write these "Structural Letters". This opinion was requested from and rendered by Jerry T. Carter, Executive Director of the North Carolina Board of Examiners for Engineer and Surveyors, addressed to the North Carolina Home Inspector Licensure Board and published in the March 2001 issue of their Newsletter. This opinion is reproduced here as published:
 
Many banks and lending institutions have been requesting certifications from various individuals attesting to the structural integrity of a building before approving loans. This has raised the question "Who can legally provide such a certification?"
 
The North Carolina Board of Examiners for Engineers and Surveyors was recently requested by Augustine Stasi, PE, Executive Director of the North Carolina Licensed Home Inspector Association, to render an opinion on this matter. In his request, Mr. Stasi cited "Most home inspectors will not provide such a letter, but some do who are also licensed general contractors. It is my understanding that only licensed Professional Engineers are qualified to make such evaluations and statements." 
 
In a response, the Board of Examiners agreed with Mr. Stasi's position and further provided that an all-purpose statement such as ".... The structural integrity of the building has not been compromised," could only be made by a Professional Engineer with the appropriate expertise in civil/structural engineering. In making this determination, the Board of examiners recognized the ability for a licensed home inspector or general contractor to report on observations made as the result of an inspection of a building utilizing that individual's own area of professional expertise. However, a general statement concerning the structural properties of a building implies an assumption based on circumstances and conditions which can only be fully evaluated and certified to by a Professional Engineer.
 
The Board of Examiners suggested that the phraseology "the structural integrity of the building has not been compromised" be eliminated from any certification or reports on termite/water damage that was noted during the inspection of a building or residence. Such an action should help eliminate any confusion on the part of the general public as to the professional qualifications of the individual making such a statement. 
 
Jerry T. Carter, Executive Director
North Carolina Board of Examiners for Engineer and Surveyors
 
I can't speak for other home inspectors, but here is how I am addressing this issue:
 
Due to an opinion rendered by the NC Board of Examiners for Engineers and Surveyors, home inspectors, who are not also Professional Engineers, cannot provide certification that a home is “Structurally Sound”. A Registered Professional Engineer must render such certification. Most of the requests for these letters involve damage from wood destroying insects or moisture. This inspector, who is also a retired licensed General Contractor with over thirty years of experience, provided there are no visible structural impairments from wood destroying insects or moisture, will render a letter titled “Specific Inspection Report Damage Analysis – Re: Wood Destroying Insects or Moisture”. This letter will state the inspectors observations and that there is not visible structural impairments resulting from insects or moisture. The underwriter may or may not accept this letter. There will be no charge for this letter requested by the lender as part of a home inspection, provided no significant visible structural damage was observed, unless a return visit is required. Please be aware, if there are visible structural impairments resulting from insects or moisture, it is very likely that the underwriter will demand that they be repaired and that the adequacy of such repair be certified.
 
If I observe significant structural impairments which involve more than simple replacement or sistering of the damaged member, be assured that I will recommend involvement of a structural engineer. As a home inspector and former general contractor, I am comfortable advising replacement or sistering. Sistering involves installation of a like member beside of the damaged member without removing and replacing it. If this is done, for a fee, I will re-inspection and provide a letter certifying that the repair has been performed as instructed (provide that it is). Repairs other than replacement or sistering such as resupporting or splicing should be designed and certified by a professional engineer. 
 
Please be aware that there is one thing much better than my opinion or that of a structural engineer. Its called time. If an eighty year old house appears to be structurally sound, it probably is even if generally accepted practices were not followed. The engineer can advise as to how it should perform, time proves that it has. Will I state that it is "Structurally Sound"? No way and you better not either.        
 
Thought for the week
 
The Wisdom of Will Rogers:

Good judgment comes from experience, and a lot of that comes from bad judgment.
 

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