Does window replacement require a permit?
Q: I recently bought a 1944 home that needed many repairs. Before buying it, I hired a home inspector, but he missed many of the problems, including windows that won't open. I'm planning to replace all the windows in the house and have three questions: 1) Shouldn't my home inspector have reported the faulty windows? 2) Is a building permit required for window replacement? 3) Can the building department deny my right to occupy the house until the window replacement is approved? According to the permit application form from the building department, a Certificate of Occupancy cannot be issued until the permit is signed off.
A: 1) Home inspectors typically test a random sample of windows to ensure that they function properly. When windows are not tested, it is usually because furniture or window coverings restrict access. Ensuring that windows are functional is particularly important in bedrooms and bathrooms. Bedroom windows must be openable and must meet minimum dimension requirements to enable emergency escape by occupants and to provide ventilation. Bathroom windows must be openable in order to provide ventilation, unless an operable exhaust fan in installed. At the very least, your home inspection should have tested those windows.
2) The building code does not specifically require a permit for window replacements, but it does require permits if you “alter” a building. Some building departments interpret this code to include window replacements, but most do not. However, when window replacements include changes in the wall framing, a permit is more likely to be required.
3) The requirement for a Certificate of Occupancy typically applies to buildings that are under construction or undergoing major alterations, not homes where windows are being replaced.
Before commencing work on your home, check with the local building department for clarification of their requirements.
Q: We recently purchased a home. During the negotiations, we asked the sellers to replace the electrical panel due to safety concerns disclosed by our home inspector. The sellers agreed to have this work done. On the day escrow closed, the escrow officer told us that the new panel had been installed without a permit. After moving in, we applied for our own permit at the building department. But the new panel did not pass inspection. We emailed copies of the failed inspection notice to the sellers, their agent, and our agent, but no one has responded. What should we do?
A: According to the National Electrical Code and the International Residential Code, it is illegal to perform electrical installations without a permit. It was the responsibility of the sellers to have this work done according to safety code requirements and with the approval of the local building department. Likewise, it was the responsibility of their agents to inform you of the status of the work before the close of escrow, not after.
If the sellers and agents are unwilling to address your concerns, a wake-up letter from a real estate attorney may be needed. Certified mail on legal stationery tends to be more persuasive than email. An ethics complaint to the state licensing agency might also be an attention-getter.
• Distributed by Action Coast Publishing. Questions to Barry Stone can be emailed to barry@housedetective.com.