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Posted by on June 24, 2006, 8:06 am
Grandpa wrote:
> Eigenvector wrote:
>
> >
> >>I live in Gwinnett County, Georgia, in a townhouse that was built in
> >>1998. I am selling the townhouse. The inspector noted that the gas
> >>water heater, which is located in a utility closet on the second floor,
> >>is not elevated 18 inches. The buyer want me to have this fixed.
> >>
> >>Am I correct that when the house was built, the water heater was
> >>installed according to code (i.e. in 1998 the requirement to be 18
> >>inches off the ground didn't exist)?
> >>
> >>If so, I should not be responsible for this repair. Correct?
> >>
> >>Any advice is welcome. I am supposed to close on Wednesday of next week
> >>(June 28).
> >>
> >>Rebecca
> >>
> >
> > How old is the water heater and where is it located, that would help a bit
> > more.
> >
> >
> Um, just using reading comprehension, I'd say its about 8 years old and
> on the second floor of the townhouse.
>
> The inspector should have known if that was a "grandfathered" condition
> and noted it. Only your city building department can answer that
> question now. It may be that there was a variance issued for the builder
> or your assumption is correct. Either way, talk to the local department.
> If its a prior condition, the buyer may give you a pass, or they may
> not; its really going to be the buyer's call.
>
>
A buyer can't require a seller to bring an existing house up to the
code requirements of what it would be if it were built today. If it
met code when installed, then generally that is all that is required.
A buyer can't force you to upgrade a house to every standard that
exists today. For example, many homes are sold every day that don't
have the electric service capacity or insulation that would be required
if they were built today. Just because a home inspector says the
house doesn't have the insulation that would be required today or the
electic service capacity, doesn't mean the seller has to do upgrade it.
There are, however, some exceptions that are spelled out and applied to
all homes when they are sold. The requirement for smoke detectors,
for example. I'd call the code enforcement folks at town hall and ask
them what's required re watere heaters.
And one thing I'm curious about. What is the reasoning behind the 18"
off the floor requirement?
--
> Grandpa
>
> What is that dripping from my fingers?
> Why it looks like time.
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