Inspections in unregulated areas

[mridgeelk]

The county in which most of my inspections occur has no building department. (or even any zoning) Issues that are usually sticky are tempered glass, fire rated walls & ceilings and the proper rise and run of stairs. I usually try to apply the standard of "done in a workmanlike manner" and the following of manufacturer's instructions. The concept of done to industry standards doesn't carry much weight here. I recently inspected a two-story detached garage with a MIL apartment above. No sheetrock on the ceiling or walls of the garage. I said that they were not fire rated and were a safety issue. How do you inspectors in like circumstances handle the situation when you have to back your statement up?

[kurt]

Just write your report. It's your opinion. You're not in code enforcement.

Use the IRC as your reference, and acknowledge that it has no legal bearing on anything, but it's how smart folks do it.

If someone wants to be "not smart", that's their prerogative. At least you gave them decent advice.

[mridgeelk]

Thanks for the advice, but you are assuming some of the builders would understand "that's how smart folks do it"

Originally posted by kurt

Just write your report. It's your opinion. You're not in code enforcement.

Use the IRC as your reference, and acknowledge that it has no legal bearing on anything, but it's how smart folks do it.

If someone wants to be "not smart", that's their prerogative. At least you gave them decent advice.

[Brian G]

It's probably all in vain, but you can try the "liability card" when talking to a builder. I'd calmly say something like "I've explained that this arrangement isn't safe from a fire safety standpoint, and I've said so in writing as well, so if you ignore that and the most widely used building standards, you should be prepared for a very embarrassing and expensive trip to court if anything happens here. It's on you, not me." If he then takes a swing and skips one off your collar bone, you've got him. []

The client really should be the one to fight this battle. They have the leverage (the money), and they're going to live there.

Brian G.

"Standards" Aren't Just Songs Everyone Knows [:-sing]

[Richard Moore]

Use the IRC as your reference, and acknowledge that it has no legal bearing on anything, but it's how smart folks do it.

You might go on to say that although this may be an unregulated area, you are confident that the laws of physics are exactly the same as elsewhere and that any functional and/or safety concern would still apply.

Then, what Brian said.

[kurt]

Yes. It's not your battle. It's just your opinion, and your customer is paying you for it.

It's their battle w/the builder, not yours.

[ghentjr]

You might go on to say that although this may be an unregulated area, you are confident that the laws of physics are exactly the same as elsewhere and that any functional and/or safety concern would still apply.

You might also point out that a good litigator cares not that the area is unregulated. He will show you in court why you should have done it the "right" way.

[qhinspect]

If the information you are using has been covered in a class you have taken, use that. If a builder doesn't do something when there is information saying that he should, then his liability just went up. I tell that builder that I'm not willing to take the chance.

Just because it’s not required doesn't mean it shouldn't have been done. There is only so much we can do and like some others have said, the ball is in the buyers and builders hands.

[Mark P]

I frequently use some variation of the following.

“Safety Issue: The door between the garage and the house is not a fire rated door and should be replaced with an approved door that is a solid wood door not less than 13/8 inches in thickness, solid or honeycomb core steel doors not less than 13/8 inches thick, or 20-minute fire-rated doors. Also standards require the garage to be separated from the residence and its attic area by not less than 1/2-inch gypsum board applied to the garage side with all the seams taped and mudded. This is to slow down any fire starting in the garage and also to prevent gases/exhaust/smoke from entering the living area. The wall that separates the garage and the house needs to have the seams taped and mudded.â€