When a bedroom is not really a bedroom
Q: As a Realtor, I sell a lot of older homes, some of which have basements that were converted to bedrooms. In many of these, the rooms do not comply as legal bedrooms because the windows are too high for fire escape. When buyers are informed that a basement room is not legal as a bedroom, but they continue to use the illegal bedroom as such, are the sellers or Realtors liable in the event of a fire? If so, what kind of disclosure should be made when selling a home?
A: When buyers are given written disclosure of a fire-safety violation, but then choose to ignore that information, they have essentially assumed liability for future consequences.
Current building codes require bedroom windows to have sills no higher than 44 inches above the floor. Additionally, window openings must be at least 5.7 square feet, with the height being no less than 24 inches and the width no less than 20 inches.
Some basement windows can be upgraded to current standards by constructing windows wells at the exterior of the building. These are excavated areas lined with concrete or masonry and provided with a means of drainage to prevent water intrusion. Windows with lower sills can then be installed, enabling emergency escape by occupants. In the event of a fire, occupants can crawl out into the window well and then up to the ground level. Disclosing this option to buyers can further limit liability in the event of a future fire. You can also recommend to buyers that they consult the local building official for pertinent fire-safety information.
Q: Our home is less than two years old and has two main problems that the builder refuses to fix. The tile floor, installed on a concrete slab, has cracked three times in the same place. Each time the tiles were replaced, the new ones crack within a few weeks. We also have two pocket doors that won't slide freely. If the builder won't address these problems, what can we do?
A: Before communicating further with the builder, you should obtain a detailed inspection report from the most thorough and experienced home inspector in your area. A competent inspector will discover more defects than you are aware of. Send a copy of the inspection report to your builder with a letter giving him 10 days to make repairs. Make it clear that after that time you will hire other contractors to complete the repairs and will hold him responsible for the costs. Another option is to report the builder to the state agency that licenses building contractors.
When ceramic tiles on a concrete slab become cracked, it is usually because of cracks in the slab. Tile installers who do quality work will laminate a slip-sheet onto the slab surface before installing the tiles. This allows for movement at the cracks, without the tiles being damaged. Recurrent cracks indicate that no slip-sheet was installed. This is not a code violation but rather an indication of mediocre workmanship.
Pocket doors that do not slide freely typically require minor adjustments or repairs.
• Distributed by Action Coast Publishing. Questions to Barry Stone can be emailed to barry@housedetective.com.