CDR: building codes, property rights (follow up)
David Honig
honig at sprynet.com
Thu Nov 9 08:09:43 PST 2000
I asked a lawyer who does real estate development:
>> I'm having a prolonged flame with someone, and I'm afraid they're right.
>> I'm claiming there are regulations about what you must have *in your house
>> (single-family dwelling) right now* vs. when you sell it. But I may
>> be wrong. I've searched online law resources for regs about houses,
>> but they all seem to be enforced only when you sell. Know any rules
>> about equiptment you must have in modern houses?
He replied:
>The rules are generally construction rules set forth in the state and local
>building codes; they are regulations, not statutes for the most. They cover
>everything from structure (foundation thickness, earthquake requirements in
>CA, wind load engineering standards in FL. As far as equipment, I don't
>believe that the codes are too detailed. They all require smoke detectors.
>Then there are equipment specific regulations, such as the 3.5 gal toilets,
>the safety garage door openers. There are also separate electrical codes
that
>mandate wall outlets every so many feet, what kind of wiring can be used.
>There are plumbing codes that will require a bathroom with a toilet, tub,
>lavatory, etc. in each house. Some building codes go so far as to require
>minimum kitchens, but many don't. Most building codes are applied only to
>new construction, but also kick in when there is major reconstruction of an
>old home, or if the home is rented to others. There are some requirements on
>sale; in NY you would have to install a smoke detector in an old home in
order
>to sell it, and must give an affidavit to the buyer that it is in working
>condition.
So Tim is right --there are no constraints on his property, unless he wants
to improve or sell it.
Or the government needs it for a freeway...
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