More about the dangers of 'As-Built, Performance-Based' Home ...

This article is a continuation of a multi-part series on the dangers of the Texas Real Estate Commission?s Inspector Advisory Committee?s (IAC) attempts to alter the Real Estate Commission Rules and Standards of Practice that govern the actions of Real Estate Inspectors (aka ?Home Inspector?).

What follows are more examples of how homebuyers and sellers can suffer from Inspections based on the ?As-Built Performance-Based? concept that allows the Inspector to opt to not discuss or report deficiencies in a home if the home was constructed in accordance with Codes or building practices in effect at the time the house was constructed or if the improperly installed component isn?t exhibiting any negative implications/ramifications.

Some examples?

The house was constructed in 1962. The house has long, large sliding glass doors in place. The glass in the doors is not tempered safety glass. Safety glass was not required in the home when it was constructed. Even though the buyers may have multiple small children, the Inspector will not be required to even mention the lack of safety glass, much less add the information to the Inspection Report.

The house was constructed in 1972. The house is a two story house that has a spindle/baluster style guardrail in place. The spindles/balusters are 7 inches on center. These will allow passage of a 6 inch sphere (aka small child?s head). The homebuyer has a young child. The Inspector will not be required to mention or report this safety issue or the fact that modern Codes require spacing that will not allow passage of a 4 inch sphere.

The house had a new shingle roof covering installed approximately 5 years ago. The pitch/slope of the roof is less than the required 2/12 pitch/slope. The Inspector can?t find a leak, the roof appears to be performing/not leaking. With this, the Inspector won?t be required to mention or report that the shingles are improperly installed and/or installed on an unapproved pitch/slope and don?t meet Code.

Where else is this going?

The house was built in 1950, the water heater was last replaced 45 years ago. The water heater is located in the garage. The water heater is not elevated so that the burners/ignition source are elevated at least 18 inches above the garage floor. The water heater installation is recognized by fire departments across the country as a significant source of house fires. However, the Inspector won?t be required to report the safety hazard because of the move by the IAC to remove safety hazard reporting requirements. In addition, the Inspector doesn?t have to tell their homebuying client that the water heater is well past the age when most water heaters have long since failed and begun leaking.

More to follow.

Mark has contributed to successful Texas legislation, and is an expert witness in construction defects litigation. In his spare time, he is a fixed-wing and helicopter pilot and an inventor and patent holder. You may contact him at mark@abuyersinspector.com or visit his Web site Five Star Home Inspections. If you are contemplating building a home, contact him BEFORE you choose a Homebuilder. This entry was posted in Uncategorized. Bookmark the permalink.

This article is a continuation of a multi-part series on the dangers of the Texas Real Estate Commission?s Inspector Advisory Committee?s (IAC) attempts to alter the Real Estate Commission Rules and Standards of Practice that govern the actions of Real Estate Inspectors (aka ?Home Inspector?). What follows are more examples of how homebuyers and sellers [...]

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