We are selling a recentley renovated home in Montgomery County Maryland. The buyer’s home inspector says the we need to install access to the attics above the second floor of the house and the garage. They say it is code.
The garage does not have an attic that should be used for storage (2×4 bottom cords on the trusses) and it is vented with gable louvers on either end.
The second floor does not have an attic to speak of, more like several small connected voids in various areas above the ceiling. Again, the area is vented on either end by gable louvers. The house is cape cod that had dormers added to make a useable second floor. Care was taken to open small areas above the dormer ceiligs to the main ceiling to avoid trapping hot air. The bedroom ceilings are pitched so there is no space above those ceilings. The space above the center hallway ceiling (8′-0″) is almost completely filled with duct work and plumbing. One would have to install half a dozen access panels to get to each (attic, void) area.
Is there really any code that says that these spaces need to be accessable, or is the home inspector just getting a little too vigilant?
Replies
Billy,
I will be interested to hear the answer. None of the houses in my neighborhood in Charles County have access to the garage attic. Matter of fact, my understanding is if the wall of the garage attic that mates up to the house is not fire resistant, you CANNOT install an access panel to that attic unless the access is fireproof. I dont know about the other attics, mine does have access but I dont know if it was required.
Should be interesting to hear from someone with a code book.
Bill Koustenis
Advanced Automotive Machine
Waldorf Md
Billy-
The home inspector can say whatever he wants, and it may very well be "code" for homes currently being constructed in Montgomery County, Maryland. However, you're not selling a new home- you're selling an existing home, which doesn't have to meet all of the code requirements that are currently in place for new construction.
If the buyers fell that the house needs to be "brought up to code", tell them to feel free to do it themselves after it's their house. Unless there's something keeping you from getting a C of O (if it's required to transfer property in your town), you don't have to do anything.
I'm actually shocked that the home inspector even brought up a "code" violation- usually they're smart enough not to reference the codes, since there's no telling what code was being enforced at the time the home was built. Major liability issue on his part, since if he brings up one "code" issue, he better be darn sure there are no others....
Bob
Bob, I didn't know about the liability issue being attached to finding one code and not the others.
I would think he would be liable either way.
blueIf you want to read a fancy personal signature... go read someone else's post.
Blue-
I've spoken to numerous inspectors over the years, and usually they won't touch code issues. Most of them have a disclaimer in their report that "this is not a code inspection"- they don't want the responsibility, and neither does their insurance carrier. Even the home inspection courses recommend against making code comments.
Unfortunately, in our wonderfully litigious society, cases have arisen where a "code violation" was not found on a home inspection and caused the new owner some harm. Because the inspector had commented on other violations, the court took it that the inspection was a code inspection, and therefore the inspector should have picked up on this violation as well.
Ahh.....lawyers.......
Bob
Sounds like BS to me, but a professional answer is the right way to respond. Something like this-
"While it is possible that newer codes may in somme instances require attic access, this is an older home and was entirely built according to codes dominating at the time of its construction. All existing conditions are not subject to present code requirements.
it should be further noted that many experts in building science warn strongly AGAINST allowing or providing for any migration of air and mositure from within a homes living space into an attic space due to the fact that doing so can increase the odds of causing environmemntal problems including, but not limited to, mold, rot, condensation, ice damning, and energy loss.
I therefore respectfully decline to follow the recommendations of one apparently ill-informed individual prior to sale. introduction of an attic acces must be the responsibility and liability of the future owner."
How's that for BS?
;)
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