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).
I don't have any knowledge of construction, but I can tell you about my experience as a consumer when I bought my house. I live in Texas, and codes in my town also require gas hot water heaters to be elevated a minimum of 18 inches. In my case, the hot water heater is in a storage room connected to the garage. I hired a house inspecter before buying the house, and this was one of the defects he noted. I made the correction, not the seller. On the other hand, I would not let that interfere with buying a home because the cost was *minimal.* The HWH is placed on concrete blocks set upright. They are exactly 18 inches.
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.
Well if the buyer makes an offer contingent on the change and you want to accept the offer, then you make the change. If you don't want to make the change no sale.
As to any requirement that it be changed before any sale, I would suggest a local attorney.
You are probably correct, but I don't know the code for your area. Why not ask the building inspector? Once you determine the law, you can decide on a remedy. You can show it does not have to be changed, you can pay to have it changed, or you can take $200 off the selling price.
Being right in this case, may not be the best alternative. If the buyer is insistent you risk losing the sale.
Huh? The purpose of the 18" requirement is to minimize the ignition of heavier-than-air hazardous fumes -- such as gasoline or natural gas -- by the flames from a gas water heater. Now assuming someone refuels their lawn mower in an upstairs bedroom, wouldn't the fumes travel down the stairs before reaching the water heater?
Your inspector is not the sharpest tack in the box, you ask me.
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?
Actually, the buyer can ask for anything they want, and if it gets into the purchase contract, then they can require it. That could include updating to code, if in the buyer's mind the item in question was never to code. Its now a question of wanting to close or not. The "code enforcement folks" as you say can either clarify the original code requirements or explain if a variance was allowed at time of construction. If the 18" requirement only apples in garages, then the seller can explain why they don't believe they have to "fix" it, but its still the buyers call - it could be a deal killer. Not likely, but it could.
Nonetheless, it sounds like the "inspector" didn't know how to deal with out of the ordinary situations, or he's using one of those "check off books" that don't require a lot of "smarts." You know: "Gas Water Heater
18" above floor? __Yes __No" with no allowance for actual location.
IME, most water heaters are located in the garage, where it makes sense for the gas burner to be 18" off the floor to keep it from igniting the gas leaking from your parked car (as if anyone has room to actually park a car in the garage), or your gas grill cylinder. The 18" requirement in garages has been around for a lot longer than 8 years when that home was built.
Did the OP give any indication that the contract had anything requiring the house to be fully updated to current code, even if nothing in the municipal code requires it? Did you ever see such a thing in a home purchase contract? The seller would have to be a total moron to sign such a thing. Homes are sold ever day that don't have insulation that would be required today, or the electric service capacity required today.
Its now a question of wanting to close or not. The "code
A variance for a water heater that could just have a 18" stand placed under it?
If the 18" requirement only apples in garages, then the
Out of the ordinary situations? It's not at all unusual for a water heater to be in part of the living space.
The OP stated that the inspector griped about the water heater; if the purchase contract was pending the correction of the results of the inspection, then yes itcould be considered in the contract. You projected bringing everything up to code which is not what I'm trying to talk about. Just what the apparently novice inspector has wrought. But the fact is, if the buyer puts it in the contract and the seller accepts it, then yes the whole house could have to be brought up to code. Smart buyer, foolish seller syndrome.
Yes, this is apparently a townhome, lots of homes by one builder at a time, save on production costs, get a variance; happens all the time.
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