Code Conundrums Continued
Sometimes the code and best practices are not aligned

In the June issue of the Reporter we launched this series looking at what I call code conundrums. While code interpretations and commenting on building codes are beyond the purview of the home inspector during an inspection, there are many instances where some background knowledge of the codes can be helpful.
Here we explore some of the issues that arise during inspections, how they are related to the building code, and why sometimes the code and best practices are not aligned.
Examples
Furnaces and Air Handlers in Attics.
Pre-purchase home inspections were performed recently on a three-year-old house and on two houses that were new construction. In all three cases, the houses have their Certificate of Occupancy from the local Authority Having Jurisdiction (AHJ). Each AHJ was a different municipality. However, limited or no safe access was provided to the air handlers/furnaces in the attics, and there were no service platforms installed.
- Case 1: The high efficiency, gas-fired furnace was in the attic, approximately 30 feet from the pulldown attic stairs, in this new construction. The path to the appliance was obstructed by plumbing vent pipes and gas piping. No continuous solid floored path was provided to the appliance.
- Case 2: This new construction was recently issued a Certificate of Occupancy. Our company designed the house, and the local AHJ issued the certificate based on their inspections. The lack of service platforms to the attic appliances and other safety concerns in the house were brought to the attention of the AHJ based on our own final inspection.
- Case 3: In this case, we look at a three-year-old house with a previously issued Certificate of Occupancy. However, the attic furnace is approximately 25 feet from the attic access without a continuous solid floored passageway. A service platform was not installed, and the clear access opening was less than 20 inches by 30 inches.



Relevant Code Section
Appliances in Attics (Definition from 2021 International Residential Code):
Attics containing appliances shall be provided with an opening and a clear and unobstructed passageway large enough to allow removal of the largest appliance, but not less than 30 inches high and 22 inches wide, and not more than 20 feet long measured along the centerline of the passageway from the opening to the appliance. The passageway shall have continuous solid flooring not less than 24 inches wide. A level service space not less than 30 inches deep and 30 inches wide shall be present along all sides of the appliance where access is required. The clear access opening dimensions shall be not less than 20 inches by 30 inches and large enough to allow removal of the largest appliance.
Exceptions:
1.The passageway and level service space are not required where the appliance can be serviced and removed through the required opening.
2. Where the passageway is unobstructed and not less than 6 feet high and 22 inches wide for its entire length, the passageway shall be not more than 50 feet long.
Insight
All of the above cases are in violation of the Building Code Requirements as per the International Residential Code, yet they have their Certificates of Occupancy. In Case 1, the contractor who constructed the house threatened a lawsuit stating that we were not allowed to comment on these concerns as we were not “HVAC experts.” He was not enamored with the idea of spending additional monies required to bring the system in compliance with the code.
A home inspector, as per the ASHI Standards of Practice (SOP), is required to inspect readily accessible, visually observable, installed systems and components listed in the SOP—including heating and cooling systems. In the General Exclusions section of the SOP, the inspector is not required to determine the condition of systems and components that are not readily accessible, or to determine compliance of systems and components with past and present requirements and guidelines including codes, regulations, laws, ordinances, specifications, installation, and maintenance instruction, etc. The SOP further states that the inspector is not required to traverse attic load-bearing components that are concealed by insulation or other materials.
The SOP states that the inspector is not required to enter:
1.Areas that will, in the professional judgment of the inspector, likely be dangerous to the inspector or to other persons, or to damage the property or its systems and components.
2.Under-floor crawl spaces and attics that are not readily accessible.
Most home inspectors are thorough and conscientious and want to provide the best service for their client. This will include inspecting attic appliances, provided there is safe access. However, the limitations shown in these cases prevent a full inspection, and the home inspector will note such in their reports. The issue, as always, comes when the owner says they have a Certificate of Occupancy and that they are not going to address these concerns.

The home inspector is put in that all too familiar, unenviable position between competing interests—in this case balancing the safety of your clients versus code official approval. What if there is a venting or potential carbon monoxide issue that needs to be addressed? None of us wants to receive a call from the new owner whose contractor is stating that they have to open the ceilings to service and/or replace the appliance. Just because the real estate agent provides you with a Certificate of Occupancy does not mean it was done correctly. There are additional code violations in these cases that will be addressed in further articles.
The home inspector can note in their report that this presents a safety hazard, in their opinion, while not becoming involved in a code interpretation. The home seller and client are then put on notice that the issue should be addressed, reducing any potential liability for the home inspector. Note: Some states have modified their own versions of the International Residential Code and may have different requirements.
Opinions or statements of authors are solely their own and do not necessarily represent the opinions or positions of ASHI, its agents, or editors. Always check with your local governmental agency and independently verify for accuracy, completeness, and reliability.
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PFAs in Drinking Water
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Marketing Minute: Unveiling the Secrets
Homeowner Wiring
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