Sale could be doomed because of odd bathroom light
Q. The house we are buying has a lamp that hangs by a chain from the ceiling above the master bathtub. Our home inspector says this is dangerous. We've asked the seller to replace it with a conventional light fixture, one that is fastened to the ceiling, but he insists the chain is securely attached and will prevent the light from falling into the tub. The very idea of a swag lamp over a tub is foolhardy, so we are refusing to close escrow until he replaces it. How does this strike you?
A. A swag lamp over a bathtub is highly irregular and plainly foolish. Most homeowners are wise enough to recognize the obvious impracticality and inherent risk of such an installation. Your seller is apparently an exception.
Secure attachment of the chain is irrelevant. The problem is not that the fixture could detach from the ceiling. Rather, it is the scene that could ensue if someone standing in the tub were to slip. The instinctive reaction of someone who loses footing in a tub and is about to fall is to grasp instinctively for the nearest available object. If that life line happens to be a suspended electrical fixture, the consequences to that person, who is standing in a body of water, could be terminal.
Your insistence on a conventional ceiling light is understandable. However, if the seller is unwilling to comply with common sense, you can have the lamp replaced after the close of escrow. The cost of repair may not be sufficient cause to cancel an escrow.
It is also a minor expense over which the owner risks a sale.
Q. According to the buyer's home inspector, all of my bedroom windows are too high for fire escape because the sills are 48 inches above the floor. I explained that the house is 20 years old and is not subject to current building codes. But the buyers are demanding that the windows be altered before they'll close escrow. Am I obligated to comply?
A. Safety requirements for bedroom windows were the same 20 years ago as they are today. The sills should be no higher than 44 inches above the floor. The 48-inch high sills in your home must have been overlooked by the building inspector at the time of construction. On the other hand, the home could be older than you think and may have been built when 48-inch sills were permissible. To be sure, you should consult the building department for a permit history of the property.
Another consideration is the fact that building codes are subject to the interpretations of local building departments. They have the discretionary authority to wave or vary code enforcement as they deem necessary or appropriate. Therefore, noncomplying building conditions may actually be legal, having been officially approved at the time of construction.
Unfortunately, confirmation of such approval is usually not possible after the fact, because written documentation of variances seldom exists.
My advice to the buyers is to accept the windows as a "grandfathered," noncomplying condition. If they prefer new-house conditions, they can make these adjustments after the close of escrow, or they can cancel escrow and buy a newer home.
• To write to Barry Stone, visit him on the web at www.housedetective.com, or write AMG, 1776 Jami Lee Court, Suite 218, San Luis Obispo, CA 94301.
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