Blog

Archive for the ‘News’ Category

Your Builder Does Not Know The Building Code

And, that’s not the worst of it. Neither do his supervisors or subcontractors. That’s saying a lot when one considers that the building code itself requires them to know the code. From the International Residential Code (IRC), which is the code in 49 states and some foreign countries:

“IRC 105.8 Responsibility. It shall be the duty of every person who performs work for the installation or repair of building, structure, electrical, gas, mechanical or plumbing systems, for which this code is applicable, to comply with this code.

How can one possibly comply with regulations one does not know? Not possible.

How does this work? Well, the builders (read: corporations) hire supervisors (read: lackeys) to oversee their building sites. The majority of these folks have are not certified in the building codes, never held a hammer or actually built a house. Most of their time is devoted to ordering materials and scheduling subcontractors. They know only what their subcontractors and/or the municipal inspectors tell them. Basically, your “builder” amounts to little more than a construction expediter.

The subcontractors, who are also not code-literate, build everything according to what the municipal inspectors “allow”. Initially, they construct everything in the most expeditious fashion possible, as they are hired on the lowest bidder basis. Then they wait to see what the building official “allows” and make whatever changes the inspector requires.

The problem with all of this is that the municipal inspectors are often themselves not intimately familiar with the codes. Even if they are, they are not allowed the time necessary to thoroughly inspect the houses they are assigned. They look for the low-hanging fruit, and then move to the next house (this is what I refer to as selective code enforcement). Refer to my blog article on the 12.5-Minute Inspection, for a clearer picture.

The municipal inspectors “allow” many things that are blatant code violations because they do not completely comprehend the codes they are entrusted to enforce, or they simply do not have the time to do the job properly. Maybe this has a lot to do with the way they are paid – not much for the amount of work entailed.

Is it any wonder that the houses in Texas are poorly built? On the contrary, the miracle is that they stand for more than a couple of years. But, they do not actually perform their intended function on many levels. The foundations are under-engineered for the expansive soils that prevail here, the materials are often glorified cardboard or glued-together pieces of scrap wood. The windows, doors, appliances, lighting and plumbing fixtures are all “builder’s grade”, which is code for the cheapest available. The houses are basically cobbled together using whatever is on sale and then sold at a premium price (builder materials and systems markups are figured at 300%).

And all of this cobbling is being done by corporations and their employees who have zero verifiable knowledge of the regulations (laws) that govern their profession. The home buyers are then the recipients of the products of a revolting dog-and-pony show euphemistically referred to as Texas custom home building.

While all of this is occurring, Austin (read: Abbott and his dog Paxton) continue to deflect any attempts to actually regulate the Texas home builders. As has always been their motto: big business comes first. Hell yes, the free market will police itself. Such b-u-l-l-s-h-i-t. The same stuff that trickles down on us all from the corporate boys on high.

Reminds me of an old Firesign Theater skit where one guy asks another, “Bend over and roll up your arm. Do you want regular or premium?”

Welcome to Texas!

Your TREC Inspector Does Not Know The Building Code

Aug 28, 20 • News

The Texas Real Estate Commission (TREC) licenses home inspectors and publishes their standards of practice. In this SOP it states clearly that the inspector is not required to know the building codes, manufacturer’s or any other regulatory requirements. See for yourself:

 

Chapter 535 General Provisions

Subchapter R. Real Estate Inspectors

§535.227-§535.233. Standards of Practice

Paragraph 535.227

(b) Scope

(3) The inspector is not required to:

(C) determine:

(I) insurability, warrantability, suitability, adequacy, compatibility, capacity, reliability, marketability, operating costs, recalls, counterfeit products, product lawsuits, life expectancy, age, energy efficiency, vapor barriers, thermostatic performance, compliance with any code, listing, testing or protocol authority, utility sources, or manufacturer or regulatory requirements except as specifically required by these standards;

 

Wow. So how is it then that these inspectors are allowed to inspect new houses under construction or even in their final stage? Politics. The Texas builders’ lobby d.b.a. the Texas Homebuilders Association. This group has fought and won the battle to exclude any sort of governmental oversight of home builders since 1944. When third-party inspections of their new houses began during the late 90’s, they arranged with the TREC to allow their inspectors to inspect new houses both during construction and at the final stages.

 

The idea was sound, from the builders’ prospective. Arrange for unqualified inspectors with no knowledge of the building codes to bless their houses and dupe the home buyers. It was and is disastrous for unsuspecting home buyers. They move forward with the purchase of their new homes with the false confidence instilled in them by an inspection report written by an inspector with no knowledge of the building process or the codes governing it.

 

How does this directly affect you? Well, other than just the fact that your house will not be built to the minimal standards set forth in the requisite building codes, you will also have a big surprise when you find the need to invoke your builder’s warranty. Almost without exception, the builder warranties exclude any issues that were not code compliant at the time of construction.

 

One might think that, if the inspector SOP were artfully crafted, this might not be an issue. It is not. The technical provisions of the SOP consist of about 17 pages of poorly-conceived, often anecdotal, delusional meanderings intended to do nothing more than protect the brokers, agents, and inspectors. They provide zero protection for purchasers of newly-constructed homes.

 

One might also assume that, though the SOP is found technically wanting, inspectors certainly would be required to gain additional knowledge not required by the TREC. Most do not. Many claim to. There is only one method of proving one’s knowledge of the codes and that is through code certification.

 

The International Code Council (ICC) authors all of the building codes in 49 states and a few foreign countries. This organization provides both training and rigorous examinations for those desiring to prove their knowledge of the codes regulating the construction of houses. Four separate exams lead to a Residential Combination Inspector certification or ICC R-5. If your inspector does not have these credentials he is not qualified to inspect your new home, or any other home for that matter.

 

Let’s do a straight up comparison of the volume of information needed to obtain a TREC license vs. an ICC R-5 certification. I already mentioned that the TREC SOP consists of 17 pages of mumbo jumbo. I’ll be generous and include two volumes that are often used during the training or TREC inspectors. The Principles of Home Inspection Systems and Standards 3rd Edition is a 1086-page tome used by many of the training schools. Add to that the National Home Inspector Examination Home Inspection Manual which weighs in at 659 pages. We now have a total of 1762 pages of required knowledge to obtain and maintain a TREC inspector license.

 

If your inspector is ICC-certified the volume of information required to have been mastered grows exponentially. One must peruse and fully understand the International Residential Code (IRC) at 2903 pages and the National Electrical Code (NEC) 1371 pages. What’s more, the IRC, in Chapter 44, lists an additional 26 pages of referenced standards that are, by reference, an integral part of this code. Likewise, the NEC lists pages of referenced standards that are to be treated as a part of that code. All of the pages of reference standards add roughly an additional 1500 pages of information.

 

Further, the IRC often defers to the International Building Code (IBC), for some items in the IRC such as slab-on-ground foundations in expansive soils, et al. The IBC adds yet another 2908 pages to the mix. Then there is the International Energy Conservation Code (IECC), the International Fuel Gas Code (IFGC), the National Fire Protection Association’s various publications pertaining to natural gas, propane gas, fire safety, smoke alarms, et al.

 

OK, enough. Perhaps you get the picture. The basic TREC inspector might know about 1762 pages of information while the ICC-certified inspector must know at least 10,444 pages of info. That, of course is not all-inclusive. Materials and equipment manufacturers’ installation instructions, Consumer Products Safety Commission requirements, . . . etc. ad infinitum, must be in the inspector’s wheelhouse if he or she is to steer your new house safely to the point of occupancy.

 

What if your inspector claims to be so certified? It is easy to verify by using this link: https://www.iccsafe.org/search-for-certified-professionals/ .

 

Yet another ploy you should be aware of is the multi-inspector firm whose principal may indeed be ICC-certified, but is not actively involved in the inspections performed by his company. He uses the certification to lure customers in and then sends out his uncertified lackeys to inspect your house. Cheesy, but common.

 

Another thing that might interest you is that HUD requires an ICC R-5 certified inspector to perform inspections on all FHA and VA loans for new construction.

 

So, if you are in the market to purchase a new home, hire only a qualified inspector who is ICC R-5 certified, or roll the dice on the other guy. It’s your money.

When is Less More?

Dec 23, 19 • News

It is commonly understood that governmental agencies are notorious for distributing “information” that is, how shall I say, specious. In my profession, dealing as I do with home builders, municipal building inspectors, real estate brokers, agents, et al., I am accustomed to being inundated by a tsunami of bullshit. That said, occasionally some outrageous statement appears that astounds even jaded me. Something so stupefying and outrageous that it defies the wildest imagination. You know, presidential in nature.

I came across this wild-eyed quote while keeping up with the meanderings of the folks who issue one of my licenses – The Texas Real Estate Commission (TREC). This agency was recently reviewed by the Texas Sunset Advisory Commission regarding its efficiency and found wanting in many areas. One that affects home buyers more than the others is the educational requirements for licensing home inspectors. The Sunset Commission opined that the requirements were in need of a change in order to produce more informed and competent inspectors. The TREC perfunctorily agreed. The following statement reflects just how they plan to go about this.

“The Inspector Committee met on October 7 at the Texas Real Estate  Commission. Many of the items before the committee were proposed at the July meeting. The Committee received public comments on the proposed changes. The Committee considered those comments, and the proposals moved forward as written. The most notable changes in the rules are those to the pre-licensure for home inspectors in Texas. The new process cuts the number of hours required approximately in half for the most utilized track to become an inspector while equipping inspectors to more readily be able to perform an inspection upon completion.” (Bold and italics are mine)

Excerpted from: https://www.trec.texas.gov/article/chair-inspector-committee-october-2019

If you find nothing askew with the preceding statements issued forth from the  Texas Real Estate Commission’s Inspector Committee, then read no further, this is not for you. You’ll find your designated reading corner in the children’s section of the local library next to the wooden blocks and the Big Bird stuffed toys.

Would you assume that reducing the amount of children’s education to half of what it is now would somehow miraculously increase their knowledge?

K-6 ≥ K-12 is math that simply does not compute.

The requirements to become a home inspector in the great state of Texas have always been minimal. No real construction experience is required. No building code knowledge is required. Simply take a course for $3000 (less if online) that teaches the multiple-choice test one must pass, pass the exam, and voila! you get your Cracker Jack box license. No sweat.

This has led to some, if not most, folks who hire home inspectors in Texas apparently being led down the garden path by questionably-educated, ill-informed, quasi-competent “inspectors”, who are foisted on us all by the folks who brought you the revelations quoted at the beginning of this vociferation. But, let me not cast aspersions.

The moral of this story is that you must thoroughly vet your home inspector. Relying on a mere state-issued license to do business and/or a referral from your avaricious agent will not protect you. Practice the level of due diligence that accrues with becoming an adult and buying a house.

I’ll end this now before I segue into deviant terminology . . .

Is Your Smoke/CO Detector Listed?

Oct 10, 19 • News

Texas Building Codes Gutted – Again

The bedlamites in Austin have been at it again. As of September 1, 2019,
in all municipalities in Texas, the minimal building codes will be dealt a severe blow. The morons whom some folks have voted into the legislature, in their infinite ignorance, have deemed that Texas municipal building inspectors can no longer choose to adopt any building codes that are more stringent than the national model codes. As if the current codes are not lenient enough the builders can now skirt the building officials who want to eliminate the use of questionably safe, durable, or outright dangerous building products and procedures.

This is yet another move on the part of the powerful Texas homebuilders lobby to gut the codes, thumb their noses at regulation, and proceed to make a profit to the detriment of the home buying public. Previously the same regime that has been in power in the state for decades negated the code requirements for fire-suppression sprinkler systems in all houses.

If you voted for these imbeciles, please take a moment prior to the next election to actually think about who you are supporting. Regardless who you voted for please consider contacting your senators and representatives to complain about the passage of House Bill 2439 during the last session of lunacy.

FHA Inspections

Jun 29, 19 • News

Those of you who know me understand that I rarely have a good word to say regarding all things governmental. That said, the FHA surprised me last August by eliminating their in-house approval process for FHA inspectors and requiring that those doing FHA inspections be certified by the International Code Council as R-5 Residential Combination Inspectors, as I have been for over 20 years.

The approval process in the past was minimal. The inspector had merely to “prove” (read: claim) three whole years construction experience and be in possession of a feckless license to do business from the Texas Real Estate Commission. This ensured that whatever was being inspected, it was being scrutinized by know-nothings. ICC Combination Inspectors look for compliance with local building codes as well as specific HUD requirements.

When a person applies for an FHA/HUD/VA/USDA loan it is usually because they cannot qualify for a conventional loan. This person also typically does not have the means to foot the bill for any major repairs required due to the typical and widespread lackluster Texas home builder performance. These folks need protection and the FHA has finally taken a step in the right direction for providing this to their borrowers.

Kudos to the FHA Commissioner for doing the right thing.

Plumbers Flushed

May 29, 19 • News

We should all be waiting for June 16th with bated breath when the half-baked 2019 Texas legislative session finally comes to an end. Every two years the drooling idiots we elect gather in Austin to torment us with their seeming lack of understanding of nearly everything.  

This session has proven especially egregious in many respects. To avoid waxing partisan I will spare you my opinions on most of these, e.g. immigration, abortion, cannabis, taxes, health care, gun control, education, et al. I want to focus on just one issue: plumbers.

The Texas legislature, hereinafter known as “the Morons” has, in their infinite stupidity, decided to eliminate the Texas Board of Plumbing Examiners. That is the group that is (was) responsible for overseeing the education and licensing of plumbers.

Texas plumbers have been growing in importance in the eyes of the Morons for decades. A few years back they decided that plumbers could also legally perform electrical work on any system they were repairing or installing – without an electrician’s license. Before that, it was decided that a master plumber could perform whole-house building code inspections – without code certification. Renaissance men, I assume.

Now, we have the ultimate. Plumbers have busted out of their legendary phone booth and are prepared to fly above the rest of us unencumbered by any of those pesky plumbing regulations and codes.

That leaves the rest of us circling the proverbial bowl.

Thanks, Austin.

Join The Class Action

Mar 10, 19 • News

Read this chilling (for Realtors) article from Inman’s Robert Hahn.

https://www.inman.com/2019/03/08/what-the-bombshell-buyer-side-lawsuit-means-for-realtors/

Proper Lot Drainage

Dec 18, 18 • News

Those familiar with my reports know that I devote several paragraphs to information on proper lot drainage. The following article penned by Angie Bersin of Redfin focuses on this critical topic. Enjoy!

https://www.redfin.com/blog/drainage-solutions-outdoor

Texas Does Not Regulate Roofers

Oct 16, 18 • News

There is no regulation of roofers in Texas.