Blog

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 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. Contrast this with the current number of pages in the Internal Revenue Service rules at less than 3000 pages.

 

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.

Walking On Roofs And Other Imprudent Activities

Aug 7, 19 • Safety

One of the prevailing myths, i.e. anecdotal bullshit stories, in my profession is that all inspectors are either required to or at least certainly should walk upon all roof surfaces during inspections. Nothing could be further from the truth. These sorts of stories are perpetuated by real estate salespeople – agents and brokers – and oftentimes by know-nothing inspectors themselves. Let’s look at the facts.

Mounting a roof is a dangerous activity that should never be taken lightly. This sort of activity should only be undertaken when absolutely required, such as in the case of a roofer performing an installation or a roof repair. How dangerous is it? Enough so that OSHA does not allow it without a significant amount of training and the use of very pricey approved personal protective equipment (PPE). Stiff fines are imposed on scofflaws by OSHA.

Municipal building inspection departments strictly prohibit their field inspectors from climbing on roofs. Most, if not all, home builders specifically instruct third-party inspectors to keep off the roofs during their inspections. All of the major home inspector organization clearly state that inspectors must not walk on roofs.

Even most roofing companies do not actually walk on roofs while performing inspections for hail and wind damage. They rely upon satellite imaging in order to protect their employees. The same is true of insurance adjusters.

So, as a layperson looking to have a house inspected, how exactly might you arrive at the conclusion that home inspectors are less important than all of the above mentioned entities? From your real estate agent, or from the Google repository of unsubstantiated “facts” . . . or both? Thought so.

We are living in a fact-free society. One that allows any blather spewed forth from any mouth to pass as the truth. Everyone considers him- or herself to be an expert. Salespersons, much like our politicians, lead this crowd of nonsense distributors. Though they may assume they have become inspectors via osmosis, in reality they know nothing about houses other than how to sell and buy them. Often as not, they fail at that.

With the advent of the Internet, Google, and other search engines an enormous amount of information is available at the push of a button. How much of it can be believed? Think: Cambridge Analytica. If I now have your attention let’s proceed to the truth about walking on roofs.

There are many safe and certain methods for inspecting roof surfaces without risking injury or death by walking on them. Standing on the ground with 8X42 or 10X50 binoculars will reveal the color of a bird’s eyes that is roosting on the ridge. A moderately-priced 50X camera will take a picture of any defects noted with the binoculars. When possible, viewing the roof from a ladder at the edge is also a good way to avoid death by falling. Cameras that mount atop long extension poles are yet another example of equipment that allows me to stay off of roofs and avoid possible injury.

Yes, there are some roofs where these methods will not work. Some houses require a 36′ or 48′ ladder in order to reach the roof’s edge. Some roofs are higher than that. These roofs are unsafe for individual inspectors due to OSHA rules of ladder safety. One man cannot safely use a ladder of this height. Other roofs need not be walked upon due to the type of surface or the weather conditions during an inspection. For these roofs a certified roofer or steeplejack should be employed.

Other roofs, like older deteriorated asphalt, concrete or clay tiles, and slate can be easily damaged by walking on them. Even brand new asphalt shingles should not be installed, much less walked upon, in temperatures below freezing or above 85° lest they be damaged. Some other roof coverings like metal are too slick to safely mount.

Walking on a roof, for other than the actual installation or repair of it, is a foolish thing to do. If you want a fool for an inspector be certain to choose one that claims he will walk on ANY roof no matter what the circumstances.

While I do walk on some lower pitched roofs when I deem it both necessary and safe, I avoid most due to an inherent drive toward self-preservation. In the end it is the expert’s (my) choice, and not yours. Unless, of course, your time spent at Google University and listening to your agent has allowed you to surpass the knowledge I have gained during the last 44 years.

Here are a few examples of what I am talking about here:

Suggested Further Reading for the Doubtful:

Bureau of Labor Statistics, U.S. Department of Labor, The Economics Daily, Fatal work-related falls to a lower level increased 26 percent from 2011 to 2016 https://www.bls.gov/opub/ted/2018/fatal-work-related-falls-to-a-lower-level-increased-26-percent-from-2011-to-2016.htm

https://www.roofingcontractor.com/articles/95175-bls-report-shows-roofing-fatalities-up-by-15-in-2019

American Society of Home Inspectors Standards of Practice

International Society of Certified Home Inspectors Standards of Practice

Texas Real Estate Commission Standards of Practice for Professional Inspectors

OSHA Ladder Safety

OSHA Roof Fall Protection

Roofing Contractor Magazine Article

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/

Buyer Beware

One of the exurbs (a district outside a city, especially a prosperous area beyond the suburbs, dictionary.com), which shall remain unnamed to protect myself, where I inspect in the DFW Metroplex has a person working as Chief Building Official (CBO) who appears to be working against the best interest of the home buying public. Though this person possesses the requisite professional certifications for the job he/she is apparently disseminating false information to the home buyers in his/her district that all should be made aware of.

Among other numerous specious opinions, i.e. interpretations of the building and electrical code that he/she evidently pulled directly out of the terminus of his/her digestive system, rendered by this person during the course of inspections recently on a property there, one in particular stood out. He/she explained to the buyer of a new home that he/she would not be inclined to enforce certain code issues because the builder would “take care of those under the warranty”. Really? Now the builder is the building official and the building official is working for the builder, right? Who knew it was supposed to work that way?

Many, if not all, builder warranties exclude building code related issues and any items you provided on a punch list to your builder that did not get repaired before closing. This means that your builder has no obligation to make repairs to building code defects after closing escrow.

An example can be found in my client’s warranty. Similar wording is to be found in other warranties.

“Exclusions
The following are NOT covered under this Limited Warranty:Violation of applicable building codes or ordinances, unless such violation results in a Defect which is otherwise covered under this Limited Warranty. Under such circumstances, the obligation of Builder under this Limited Warranty will only be to repair the defective warranted portion of the Home, but not to restore or bring the Home to conform to code.”

Check your own warranty so that you gain a better understanding of what is and is not covered. Read carefully as these are written to obfuscate the fact that they exclude more than they cover.

Further, it is my understanding that this building official told the buyer at one point in time that he/she was not comfortable fielding questions regarding a house that he/she did not yet own. Fortunately for this buyer he/she had already purchased the lot so the house was in his/her name on the tax roles.

The municipality in question has adopted the 2015 version of the International Residential Code, among others. In that volume it clearly states:

“R104.1 General. The building official is hereby authorized
and directed to enforce the provisions of this code. The building
official shall have the authority to render interpretations
of this code and to adopt policies and procedures in order to
clarify the application of its provisions. Such interpretations,
policies and procedures shall be in conformance with the
intent and purpose of this code. Such policies and procedures
shall not have the effect of waiving requirements specifically
provided for in this code.

Commentary
The duty of the building official is to enforce the code.
He or she is the “authority having jurisdiction” for all
matters relating to the code and its enforcement. It is
the duty of the building official to interpret the code and
to determine compliance. Code compliance will not
always be easy to determine and will require judgment
and expertise, particularly when enforcing the provisions
of Sections R104.10 and R104.11. In exercising
this authority, however, the building official cannot set
aside or ignore any provision of the code.

The building official establishes policies and procedures
that will clarify the applications of the code. The
development of those policies and procedures should
not be simply for the convenience of the jurisdiction’s
employees, but should be viewed as a way to effectively
communicate to all interested parties involved in
the construction process how the department will process
applications, review construction documents,
make inspections, approve projects, and determine
and clarify the application of the code provisions. Properly
developed, these policies and procedures can
make the code enforcement department more predictable
for those who are regulated and will also establish
improved code compliance and public relations.

When interpretation of the code is needed, the building
official is the one individual of the jurisdiction with
the legal authority to interpret the code and determine
how the provisions should be applied, in both general
and specific cases. Some departments formalize the
interpretation process and require the person with a
question to submit their question in writing. Departments
are encouraged to develop policies for both formal
(written) and informal (verbal) requests for code
interpretations. Any such interpretations must be in
conformance with the intent and letter of the code and
may not waive any requirements. It may be necessary
in some cases for the building official to write these
code interpretations into the permit.”

It is assumed that the reasonable man on the street understands what this says. It is written in English and is required reading for anyone aspiring to become or just simply wakes up one day to find themselves a building official. That said, I question the reasonableness of the code official in question. Folks like this are out there. Buyer beware.

On that note another publication from the authors of the International Residential Code is the Legal Aspects of Code Administration. In Chapter 9 of this volume it states in part, “The Latin term caveat emptor, means “let the buyer beware.” Thus, it is up to the purchaser to determine the soundness of the building prior to the finalization of the purchase or to hire a professional inspector”, (italics are mine).

In Texas where big business reigns supreme, and don’t kid yourself homebuilding is BIG BUSINESS, developers and home builders are at the wheel. They apparently have the legislators and municipal officials under thumb. If you are not looking to get thoroughly screwed you had better hire a competent independent inspector to inspect your house from the ground up in order to avoid being taken advantage of by this good ole’ boy system that includes the CBO in question.

Best,

Aaron