How is it possible that a house built ten, twenty, thirty years ago never had a Certificate of Occupancy [C/O] issued, nor any inspections made or put on record?
The answer is simple… no one ever requested any inspections, especially the final inspection and C/O.
Maybe that’s not the perfect answer, but more than likely it’s the truth. It also is an indication that the house was built with cash, no mortgage or other outside financing.
Usually banks that are involved with the construction of a new house will require a copy of the C/O issued by the local municipality prior to closing on the mortgage.
When that happens, a C/O is probably on file. However, if there is no bank insisting on getting the C/O, usually there is no C/O.
So what does that mean… what kind a problem does this create?
Eventually almost every house will be sold. The newer the house, the more likely the buyer will ask to see the original C/O… which, in theory, should be on file in the town; at least since zoning was enacted and the NYS State building codes were adopted… which goes back into the mid-sixties; clearly much longer than 20 years ago.
When someone makes a purchase offer on a house, typically the first thing negotiated will be the price.
After the price, a laundry list of things will be required to conclude the deal.
Things like an up-dated survey, title search and a satisfactory home inspection are common.
Becoming more common is the request to have a copy of the original C/O.
Either the seller or the buyer [or their attorneys] will call the code office to get a copy.
Guess what… no C/O on file.
Now the problem begins. Of course the current owner assumes that the code office will just issue a C/O, besides, at this point what’s the difference, the house has been there for over 20 years!
That’s not happening. That would be unfair to the buyer and potentially unfair to the municipality.
An inspection of the property, the structure and the history in the file must be reviewed to determine, as much as possible the level of compliance.
An inspection of the house and property is scheduled and upon first impression the house was very nice, just as neat as a pin.
Everything was clean and appeared in very good shape.
Then the inspection begins and the following things were found; No insulation on the basement walls, no insulation in the rim joists, hot water tank missing the high pressure blow-off pipe, insufficient number of smoke detectors, smoke detectors not interconnected, S traps at the lavs—prohibited, bedroom windows too small to meet emergency egress requirements, no evidence of electrical inspections or finals and handrails missing along stairways.
What could not be verified are footing depth or size, steel in the footing, waterproofing or tarring exterior of foundation, foundation reinforcement, footing drains, insulation in walls, insulation in ceilings, framing techniques, rough plumbing or venting, pipe size, electrical wiring, grounding, septic system type or installation, to name a few.
A review of the file shows no design for septic, just an indication of a drywell and septic tank [drywells have been effectively prohibited since 1972], and the placement of the house may actually be in the County right-of-way, because no survey was prepared or used to place the house.
So now what? This office has had a consistent policy of how to handle these situations, because it happens multiple times every year.
First, fundamental life safety items will not be ignored.
Appropriate sized windows must be installed to provide emergency rescue and egress.
Smoke detectors shall be installed in all required areas and shall be interconnected, with battery back-up, handrails shall be installed where needed.
Proper grounding of the electrical systems and GFCI outlets installed where appropriate.
After the fundamental life safety issues are addressed, then work on some of the energy code requirements.
Basement walls shall be insulated with acceptable materials and maybe even covered if needed.
Plumbing issues may need attention, especially venting, as that can be a life safety issue. As far as the house being way too close to the road?????
Does this cause a problem in the purchase offer? Who pays for it, the buyer or the seller? How long will it take? What else is missing, but can’t be verified without tearing things apart?
The buyer can only move forward with open eyes and open arms… the code office will only issue a C/O that reflects what can be verified.