Code Reviews Weighed on Irvine Home Resales

The Irvine City Council will consider tonight a consumer protection ordinance that would require building code inspections before any home or condominium can be resold.

Under the proposal--vigorously opposed by realtors--sellers, real estate agents or escrow officers must notify city building officials of pending sales. City inspectors would examine the buildings for compliance with building codes in force during construction.

Major building code violations would have to be corrected by either the buyer or seller before the sale could be completed, under the proposal.

The fees for inspections would be $131 for single-family homes and $98.25 for condominiums.

“The major effort is to protect future homeowners, to let them know they’ve got a unit that is safe and up to code,” said Harry Ehrlich, acting director of public works. “It also assures that over time all units in the city are inspected.”

Nearly a third of the city’s homes are more than 10 years old, he said.

“People are building not only room additions but enclosed garages, sleeping areas, offices and a variety of other things without permits,” including hot tubs and barbecues, he said.

“Things like that can be a problem if they’re not put in correctly.”

The ordinance would apply only to homes at least 5 years old. It would not apply to the sale of rental units or the transfer of property between relatives.

The proposal stemmed from a review of city administrative procedures in general. Thirteen other cities in California, including Newport Beach and Laguna Beach, have such ordinances, Ehrlich said. Ehrlich said city inspectors should be able to produce a report within 12 days from receiving the request.

The ordinance is opposed by “every realtor in town,” said Doreen Benton, president of the Irvine Board of Realtors.

Benton called the ordinance unnecessary considering the multitude of inspections already required by state law or undertaken privately by buyers.

In general, lenders also check for code violations during appraisals for loans, she said.

About 300 homes change hands each month in Irvine, she said.

“It will delay closings,” she said. “We will have to increase city staff to take care of all these inspections, and if they need a permit, reinspections.”

According to Benton, Irvine is unlike Newport Beach and Laguna Beach, which have older buildings and many uninspected room additions.

“In Irvine, the oldest house is 20 years old,” she said.