New Construction Inspections - InspectionNews

David Block · #1 (**permalink**) 03-13-2008, 10:30 PM

I was recently inspecting a new construction home and found many code violations. I spoke to the builder and he assured me the city had approved all the conditions in the home. One problem I found was an incomplete seperation wall on the ceiling of the garage (there were bedrooms above) The drywall on the ceiling left about 1" to 2" gaps at perimeter, gaps around fixtures, plumbing and ducts. The builder said the city inspector said the seperation wall wasn't even necessary on the ceiling. I also found electrical splices not in junction boxes, junction boxes with no covers, uninsulated flexible air supply ducts in the attic space, approximately half the insulation needed in the attic space, plumbing leaks and on and on. These weren't concealed issues either. Another one that perplexed me was the foundation wall had a beam pocket built in however the main support beam was bearing on the sill plate and not in the beam pocket. Where the main beam was bearing on the sill plate, there was no concrete foundation support beneath the sill plate due to the mistakenly installed beam pocket. How could these things get over looked? Is this common? What kind of assurances could I provide to my clients when I come in after the home is "complete" about the rest of the construction? Should I inquire with the city about code enforcement?

Jim Luttrall · #2 (**permalink**) 03-13-2008, 11:12 PM

David, this is very common, some areas are worse than others.
This is why we stay in business!
I would recommend multi-phase inspection and advise the client not to let the drywall or brick to be installed until the issues are addressed. If you are doing new construction, you really should be familiar with the codes used in your area and quote them in your report. I'll bet your client can read even if their builder and the AHJ can't.
BTW, where are you located? You can add that to your profile and it will show up on your posts to help people answer your questions.

Aaron Miller · #3 (**permalink**) 03-14-2008, 04:12 AM

If you're David Block in Kansas then your clients have the right and your builder the obligation to see that the house is built in compliance with the 2003 IRC. If you're not from Kansas then you need to familiarize yourself with the mandated codes of your area.

Regardless which state you hail from, if you intend to conduct new construction inspections it is critical that you get certified through ICC. In Texas an ICC R-5 Residential Combination Inspector Certificate is required in order to conduct these inspections. There are many inspectors working in this area that are uncertified to the detriment of their clients. Why? If you can't prove to anyone your proficiency in and knowledge of the building codes why should they listen to your opinion?

Certified or not you should get copies of the 2003 IRC and the ICC's Legal Aspects of Code Administration. Read these and then use the information in them to conduct your affairs and protect your clients. You can only lead others as far as you yourself have been.

Builders across the board are likely to cut every single corner they can in order to make a profit. Rampant code violations are the rule and not the exception. As Jim alludes, be happy, this is producing business for competent inspectors. Unfortunately some incompetent folks are benefiting too at the expense of their clients. Get educated, get certified and then go kick some ass . . .

Aaron

Jerry McCarthy · #4 (**permalink**) 03-14-2008, 04:34 AM

David
I would seriously listen to both Jim and Aaron and the only comment I would add is that most jurisdictions are on the 2006 IRC concerning residential construction. For those on the left coast California has adopted the 2007 CBC.

David Block · #5 (**permalink**) 03-14-2008, 06:26 AM

I appreciate all the responses. I am ICC certified in several areas. I began my inspection career doing new commercial inspections so my initial training is using the IBC code book. In commercial inspections there was no deviating from code requirments without the written approval of the structural engineer of record or architect. Any discrepancies outstanding kept the building from getting its certificate of occupancy. I recently completed a training program for new construction, I do have the IRC code and am fairly proficient in it, I was just shocked by the blatant lack of concern for safety in a brand new home. Anyway, I didn't realize this was such a rampant problem and I appreciate all the advice.

Aaron Miller · #6 (**permalink**) 03-14-2008, 07:47 AM

David:

If you are ICC-certified you need to contact the staff at ICC and let them know that your name does not appear amongst the washed at:

ICC Online | Certification & Testing

Aaron

Scott Patterson · #7 (**permalink**) 03-14-2008, 08:03 AM

Quote:

Originally Posted by Aaron Miller

David:

If you are ICC-certified you need to contact the staff at ICC and let them know that your name does not appear amongst the washed at:

ICC Online | Certification & Testing

Aaron

The kicker is that you have to keep paying dues to maintain a listing. I stopped paying about five years ago. I still have the knowledge and know how to look the stuff up in the books, I just stopped paying to be certified by ICC.

Aaron Miller · #8 (**permalink**) 03-14-2008, 08:15 AM

Quote:

The kicker is that you have to keep paying dues to maintain a listing.

Cost of doing business. Indicates, at least to the general public that verifiable credentials and on-going education are in your business plan. Not, of course, that they aren't in yours oh w-a-s-h-e-d Scott, just that in my opinion, it's often the appearances that count most to John Q. Public.

Sure, you keep up with your education, but how can someone else verify that? If it comes down to making a decision between inspectors to hire the prospective client will likely come down on the side of the inspector whose knowledge can be easily proven.

Example: my wife's Mercedes needs engine work. I can either take it to some mechanic with a verifiable certification from the Daimler-Benz corporation or I can take it to Fritz down on the corner who visited Munich once on vacation and got drunk on German beer. Fritz may well be the better mechanic, but how will I know. I'm not willing to take a chance on the unknown in this case. Which would you choose?

Aaron

Scott Patterson · #9 (**permalink**) 03-14-2008, 08:27 AM

Quote:

Originally Posted by Aaron Miller

Cost of doing business. Indicates, at least to the general public that verifiable credentials and on-going education are in your business plan. Not, of course, that they aren't in yours oh w-a-s-h-e-d Scott, just that in my opinion, it's often the appearances that count most to John Q. Public.

Sure, you keep up with your education, but how can someone else verify that? If it comes down to making a decision between inspectors to hire the prospective client will likely come down on the side of the inspector whose knowledge can be easily proven.

Example: my wife's Mercedes needs engine work. I can either take it to some mechanic with a verifiable certification from the Daimler-Benz corporation or I can take it to Fritz down on the corner who visited Munich once on vacation and got drunk on German beer. Fritz may well be the better mechanic, but how will I know. I'm not willing to take a chance on the unknown in this case. Which would you choose?

Aaron

Well that is all true.

I have not had any problems that I'm aware of not being listed on the ICC site, but I guess I wouldn't really know if a person passed me by for not being listed either. Most of my business is referral based. I do a tremendous amount of litigation support and consultations. Normal home inspections due to my choice now comprise about 40% of my business.

I have given thought about renewing my ICC certifications, simply so I can use that in my litigation work against builders, etc. Right now my litigation work is primarily working for plaintiffs or defendants against home inspectors who are being sued and building product and installation failures in residental construction. So not being listed with the ICC has not come into play, yet.

Jim Luttrall · #10 (**permalink**) 03-14-2008, 08:36 AM

Quote:

In Texas an ICC R-5 Residential Combination Inspector Certificate is required in order to conduct these inspections.

Aaron, would you expound on that a little?
I have not seen any requirement for ICC certification for inspections outside of municipality inspections. Are you speaking of TREC, TRCC, or some other law I have missed?

Aaron Miller · #11 (**permalink**) 03-14-2008, 08:53 AM

Jim:

TRCC requires that any inspections performed on new construction be by ICC R-5-certified inspectors. Since TRCC is the (lame ass) agency in charge of residential construction in Texas I would guess that their word is final.

You may be able to skirt this issue with a TREC license, unless of course you end up in court. There the plaintiff's attorney will hand you your ass once you explain that you've no proper certification.

Additionally, many builders in the D/FW area require proof of ICC R-5 certification as well as general liability insurance in the amount of $1,000,000 for new construction inspectors - as they should. When I was building homes I would have cut a handle in a 2X4 and whipped the snot out of any sorry, no count Realtor-courting TREC inspector wannabe who had the gall to pretend to know something about building MY houses . . .

Aaron

Jerry McCarthy · #12 (**permalink**) 03-14-2008, 08:57 AM

Again I agree with Aaron.
Scott, the reason I keep my ICC certs active is exactly for the reason you stated, credibility as an EW in construction litigation cases. Besides I serve on a couple of ICC committees and like to keep my hand in. (actually my brain)

Mike Gault · #13 (**permalink**) 03-14-2008, 10:31 AM

Quote:

Originally Posted by Aaron Miller

Jim:

TRCC requires that any inspections performed on new construction be by ICC R-5-certified inspectors. Since TRCC is the (lame ass) agency in charge of residential construction in Texas I would guess that their word is final.

You may be able to skirt this issue with a TREC license, unless of course you end up in court. There the plaintiff's attorney will hand you your ass once you explain that you've no proper certification.

Additionally, many builders in the D/FW area require proof of ICC R-5 certification as well as general liability insurance in the amount of $1,000,000 for new construction inspectors - as they should. When I was building homes I would have cut a handle in a 2X4 and whipped the snot out of any sorry, no count Realtor-courting TREC inspector wannabe who had the gall to pretend to know something about building MY houses . . .

Aaron

But I'll bet you were never a (personally un licensed) 26 y/o kid building 8-10 house every 6 weeks for a Production Builder...

if I had to guess... :-)

Jim Luttrall · #14 (**permalink**) 03-14-2008, 11:03 AM

From the TRCC web site

Quote:

Commission Adopts Rules for New Inspection Program
Builders/Remodelers must have certain projects inspected starting September 1, 2008

Quote:

(Austin) — In Texas, residential builders and remodelers have not had to secure inspections on projects in unincorporated areas. On September 1, 2008, however, all that changes.
Part of House Bill 1038, co-authored by Reps. Allan Ritter and Ruth Jones-McClendon, mandates code inspections on every new home construction and remodeling project built in unincorporated areas of the state or in municipalities that do not conduct such inspections, if the project is required to be registered with the Texas Residential Construction Commission. The law requires inspections on qualifying new construction that starts after September 1, 2008.
The law requires inspections at the following stages of construction, if they are part of a project: foundation, framing and mechanical systems and a final inspection upon substantial completion of a project. If the home is located in an unincorporated area where windstorm insurance coverage is available, the builder or remodeler must also comply with the Texas Department of Insurance rules and if required, obtain a windstorm certification.
Builders must use a Texas-licensed professional engineer; a Texas-licensed architect; a professional inspector licensed by the Texas Real Estate Commission; or a third-party inspector registered with the commission to conduct the inspections. The commission currently is developing an online reporting system that inspectors will be able to use to file inspection reports.
Commission Executive Director Duane Waddill said that he is pleased that the commission has rules in place well before the requirements actually begin because having the rules available now gives the building and remodeling community more time to prepare and adapt.
Waddill said, “More importantly, the new inspection program will help ensure that home or remodeling projects, regardless of where construction occurs, meet certain standards. We expect the program to help the commission meet its mission of ensuring quality residential construction for all Texans.”
The commission will periodically conduct spot checks across the state to make sure inspections are occurring and will send certificates to homeowners and builders, if the inspections are passed and reports are filed timely. For more information, visit the commission's Web site.

Quote:

§307.3. Qualified Fee Inspectors.
(a) To serve as a fee inspector under this chapter, an individual must be one of the
following:
(1) a professional engineer licensed by the Texas Board of Engineering;
(2) an architect registered with the Texas Board of Architectural Examiners;
(3) a professional inspector licensed by the Texas Real Estate Commission; or
(4) a third-party inspector registered with the commission under chapter 303, subchapter
C of this title.
(b) The license or registration issued by one of the state governmental bodies listed in
subsection (a) of this section must be in an active status of good standing with the issuing
body at the time of hire, for the individual to be eligible to serve as a fee inspector under
this chapter.

Aaron, the only regulation I am finding is for TRCC third party inspectors who are appointed by the TRCC and the new regulations for code compliance inspections by the inspector hired by the builder. One of the qualifications accepted by this statute is TREC Professional Inspector.

I don't see anywhere in TRCC or TREC rules that an independent inspector hired by the buyer to protect their interest are governed by TRCC nor any requirement to meet ICC certification.

I don't have a problem with ICC certification being a good, desirable and profitable thing (it is on my to do list), I just don't see it codified in Texas law. If you have knowledge of something I am missing, please let me know. I tend to get lost in the bureaucratic jungle of our state government and need all the help I can get on this front.

Aaron Miller · #15 (**permalink**) 03-14-2008, 01:08 PM

Jim:

I'm not an attorney, but have had the same great one for 25 years. Additionally I have worked for at least 20 or 30 attorneys locally that I call on occasion for advice. You'll need to call your own if your interested in what's "codified".

What I'm telling you is simple. TRCC requires certain certification for its SIRP process (redundant, I know). Period. Any attorney with a brain can extrapolate from that the fact that TRCC considers ICC certification the entry level requirement for new construction inspection.

I do not give a flying - rhymes with truck- what TREC does or does not do. But, suffice it to say that TREC specifically exempts new construction inspections from their oversight. Why? Because a TREC inspector is not qualified by design.

I am and have been aware of the 9/08 TRCC requirement for new homes in the sticks to be inspected by somebody, just anybody - please! The idea here is that any inspection, even a worthless-ass TREC inspection is better than nothing. I tend to disagree, but I don't write the rules.

So, TREC on [sic] and do all of the inspections you like with or without credentials, whatever cranks your shaft. Hope you don't get your tit in a wringer.

Aaron

Aaron Miller · #16 (**permalink**) 03-14-2008, 01:16 PM

Quote:

But I'll bet you were never a (personally un licensed) 26 y/o kid building 8-10 house every 6 weeks for a Production Builder...if I had to guess...

The only production builders in my area when I was 26, if I ever even was 26, yeah I guess I was at some time, must've been, right?, were Centex (F&J) and Centennial. I did not work for them because they paid nada, just like today.

I worked for Pierce, Shaddock and Cook, Munir, Stiles (yes, of went to the pen fame Jerry Stiles) and a few other high-end builders when I was a wild one. Oh yes, if you think I have an attitude now, you should've known me in the 70's.

All of those houses are still with us. The ones I see being built today may not fare so well . . .

Aaron

Jim Luttrall · #17 (**permalink**) 03-14-2008, 04:28 PM

Aaron, I hear what you are saying, but that is not what you said previously.

Quote:

Regardless which state you hail from, if you intend to conduct new construction inspections it is critical that you get certified through ICC. In Texas an ICC R-5 Residential Combination Inspector Certificate is required in order to conduct these inspections.

No offense intended, but your opinion or that of your lawyer for that matter does not carry the weight of law. I realize you have your opinions and are free to share them with anyone, in fact, I want to hear them. I am just trying to separate opinion from fact.

The facts (as I have been able to determine so far) say that new construction inspections are still under the regulation of TREC unless that person is a municipal inspector, etc.
If I hold myself out to be a real estate inspector, then any inspection that I perform falls under their regulatory control.
The misconception that TREC exempts new construction may stem from incorrect reading of the attached, which only pertains to the form used, not the inspection process. I myself held that veiw until recently when re-reading the rules.

Quote:

But, suffice it to say that TREC specifically exempts new construction inspections from their oversight.

Quote:

(f) This section does not apply to quality control construction inspections of new homes, including phased construction inspections, inspections performed solely to determine compliance with building codes, warranty or underwriting requirements, or inspections required by a municipality and the builder requires use of a different report, and the first page of the report contains a notice either in bold or underlined reading substantially similar to the following: "This report was prepared for a builder or builder's employee in accordance with the builder's requirements. The report is not intended as a substitute for an inspection of the property by an inspector of the buyer's choice. Standard inspections performed by a Texas Real Estate Commission licensee and reported on Texas Real Estate Commission promulgated report forms may contain additional information a buyer should consider in making a decision to purchase." If a report form required for use by the builder or builder's employee does not contain the notice, the inspector may attach the notice to the first page of the report at the time the report is prepared by the inspector. If the inspector attaches the notice, the inspector is not required to use a form adopted by the commission to report the inspection.

Also, TRCC now by statute specifically accepts TREC licensed inspectors for phased inspection of new or remodel construction.

Now if I want to work for TRCC in their dispute resolution program, then they require the higher level of certification that you alluded to.

Again, the validity and value of ICC certification is not my issue here, just the specifics of the law here in TX.