Is this to code?

A home inspection isn’t supposed to be a code inspection, but a very common question from buyers after I’ve pointed out a problem is something like, “Is this a code violation?”

I’m happy to talk about codes, and I quote codes in my reports often.  Inspectors who refuse to quote codes are acting like the book that describes pretty much everything we do just doesn’t exist.  It’s nonsense to refuse to acknowledge the codes that we follow when building or renovating a house.

Of course, there are some limitations with home inspectors quoting codes or discussing codes.  Here are some of the issues.

Interpretation

Most codes are pretty straightforward, but some are open to at least a little bit of interpretation.  And the person who gets to make that interpretation is the authority having jurisdiction (AHJ) – the building official.  He or she is the one who gets the last word on what any code actually means and how it applies in the field.  So I can quote a code detail verbatim, but the building official gets to decide what it means, and his ideas might be different from mine, or different from everyone else in the world for that matter.  Someone has to get the last say, and that’s the building official.

Code officials generally have some sort of certification, usually from the ICC – the International Code Council.  But that certification only comes from passing a test designed to gauge how fast the student can look up code citations.  These certifications have nothing to do with actually interpreting the code.

Which code?

There are several different code books, and different cities use different codes, or different year versions of each code (most codes are revised every three years).  And each city has their own amendments to whatever code they’re using.  So when I quote a code I can’t be sure that this particular city actually enforces that particular code.  It wouldn’t be possible for any home inspector to keep track of what each city does, at least not in an area like Chicagoland with many different cities and local governments.

When I quote a code I’m quoting from the most commonly used code books, and I’m only doing so in order to establish that there’s a definite factual basis for what I’m saying.  I’m not making it up.  I’m not just repeating a rumor that I heard a few years ago, or a rumor that’s spread through the construction industry.  I’m not following some long-ago established practice that in fact is wrong.  Here it is in black and white, and you can look it up for yourself.

Codes change

Many houses that I inspect are well over 100 years old.  The code (if any) that was in effect back then has changed enormously, and many of the typical building practices from the early 20^th century would be considered disgraceful today.  Electrical codes especially have changed a lot in just the past 30-40 years, thanks to new technology.  So what’s a code violation today might have been perfectly normal back during construction, and codes generally aren’t retroactive (although some fire codes are).

I try to have at least a rough estimate of when most of the more important codes changed, and I’m happy to have that conversation with my clients.  I think it’s an important part of buying an older house – understanding how some building practices have changed and evolved over the years.  So I can quote a code describing how things should be done today, but that doesn’t necessarily mean that it was done wrong at the time of construction.

Still, just because something was code compliant, or normal, or acceptable back during construction doesn’t mean that we should just accept it today even if it’s “grandfathered in”.  A big part of a home inspection on an older house is discussing with the client about how codes have changed over the years and what features of the house are considered unsafe today even though they were common many years ago.  After all, there is probably a good reason why the code changed.

I can think of many examples, but one in particular is this: a door shouldn’t swing over a stairway.  If a door swings towards a stairway then there should be a landing there.  (International Residential Code section 311.7.6)  But it used to be pretty common for basement stairs to have doors swing over them and I see this situation still quite regularly.  Codes change, and it’s helpful if you as a buyer or homeowner can understand what’s the issue and why.

Conclusion

So when someone asks me, “Is this done to code?” I’m happy to provide an answer, but with these caveats.

• The building official is the only one who gets to determine if anything meets the code. His interpretation might be different than mine.
• I don’t know for sure which code is enforced in this jurisdiction. And I don’t know for sure if there are any local amendments that would affect the code with respect to this item.
• I don’t know for sure when this bit of construction was done and I don’t know for sure what code was in force at that time.