Chimney Must Be Repaired, No Matter Who Finds Fault

Question: When I bought my home two years ago, I hired a home inspector to find all the defects. Now that I’m selling the property, the buyers hired their own inspector, and the new report contains information not disclosed by my inspector.

According to the new report, the fireplace chimney is touching the wood framing in the attic. The new inspector says this is a fire hazard. Before investing in costly repairs, I want to be sure the new report, rather than the old one, is correct. What can you tell me about metal chimneys in attics?

Answer: Disparities among home inspection reports are to be expected, because of the differing levels of experience among inspectors. In this case, the findings of the second inspector would seem to be correct.

Metal chimneys should never be in direct contact with combustible materials. In most cases, the clearance requirements are listed plainly on the chimney itself. Standard clearances are usually 1 or 2 inches. These specifications may be stamped into the sheet metal chimney or printed on an attached label.

When a hot metal chimney touches a wood surface, the kindling temperature of the wood is lowered, owing to a process known as pyrolysis. Over a period of years, the temperature at which the wood will ignite is reduced. Eventually, the heat of the chimney can cause an attic fire.

To ensure adequate fire clearance in your attic, have the chimney evaluated by a certified chimney sweep. A qualified sweep can make sure your chimney complies with all pertinent fire safety requirements.

Sills May Be Too High, but Safety Isn’t at Stake

Q: According to the home inspector who checked my house, all of the bedroom windows are too high for a fire escape because the sills are 4 feet above the floor. I explained that the house is 20 years old and should not be held to current building code requirements. But the buyers are siding with the inspector, demanding that I have the windows lowered before they’ll close escrow. Am I obligated to comply with this requirement?

A: Code requirements for fire escape windows were the same 20 years ago as they are today and apply to all bedroom windows unless they are above the third floor of a building. The minimum size for an escape window is 5.7 square feet, and sills should be no higher than 44 inches above the floor.

However, the safety benefits of 44-inch sills, as compared with 48-inch sills, would seem to be more theoretical than actual.

Subjecting a homeowner to the exorbitant construction costs necessary to bring these sills into compliance may be at odds with common sense.

When a home is under construction, strict code enforcement is the normal course of events. But disturbing the structure and cosmetics of an older home for the sake of a mere 4-inch height infraction seems far-reaching.

Building codes are subject to the interpretations of local building departments. These agencies have the discretionary authority to waive or vary code enforcement as they deem necessary or appropriate.

Therefore, noncomplying building conditions may be legal in that they may have been officially approved at the time of construction. Unfortunately, confirmation of such approval is usually not possible after the fact, because written documentation of such variances seldom exists.

My advice to the buyers would be to accept the current window heights as a grandfathered noncomplying condition. If they would prefer new-house conditions, they can make these adjustments after the close of escrow.

Gray Water Drainage Is a Bit of a Gray Area

Q: The home I’m buying has a bootlegged drainpipe at the laundry, as noted by my home inspector. Instead of draining into the septic system, the pipe extends to a garden area in the backyard. The seller says he’s been draining his washer this way for years and that all his neighbors do the same. I called the local building department, and they say it’s illegal to drain gray water onto the ground. Should I continue to drain the washer to the backyard or connect it to the septic?

A: Homeowners with septic systems often drain their laundry gray water into their gardens. Although the practice is prohibited by code, it is generally regarded as a necessary trade-off to protect the continued performance of the septic.

Laundry detergents and bleach are known to have damaging effects on the ecology of septic systems. “Friendly” bacteria in the septic tank are necessary for the decomposition of solid waste matter. Laundry chemicals can kill these bacteria, causing the system to become clogged with undissolved solids. Clandestine drainage to the landscaping is a simple way to avoid sewage problems.

An added advantage to this illegal practice is that plants generally respond favorably to it.

Adding Vents Will Lengthen Roof Life

Q: I had to install a new roof on my home to close escrow. The old shingles had deteriorated in only 10 years, and the buyer’s home inspector said this was caused by insufficient attic ventilation. He suggested installing an electric fan in the attic, with a thermostat to activate the fan when temperatures become too hot. Does this sound like a practical solution?

A: Excessive heat build-up in an attic can shorten the longevity of composition roof shingles by causing premature evaporation of the oils in the asphalt.

Maintaining lower temperatures in your attic can forestall this drying process and extend the useful life of the shingles. Increased ventilation will certainly achieve this objective, but there is a simple and effective method of venting an attic, without the needless expense of installing electrical fixtures.

A practical alternative is to add two or more turbine vents near the ridgeline of the roof. You’ve probably seen these on the roofs of commercial buildings. Turbine vents are heat driven. When the attic becomes warm, rising air causes the turbines to spin, thereby expelling heated air from the structure. What’s more, turbine vents require no maintenance and will not increase your monthly electric bill.

If you have questions or comments, contact Barry Stone through his Web site at https://www.housedetective.com. Distributed by Access Media Group.