When can you "grandfather" in a code?

[atgcpaul]

We recently had our house inspected by our home buyers. Their inspector
says our water heater needs to be 18" off the ground in the garage.

Now the Uniform Building Code says the burner element has to be 18" off the
ground and it is. However, city code says for "simplicity"--their words, not
mine-(because I think the city was too lazy to interpret the code properly)
the stand has be 18" tall period. The burner will still be several inches higher.

Anyway, when the heater was installed 20 years ago (of course their
inspector didn't catch that the heater was past its life--ours did 4 years ago)
it must have been code compliant and even 4 years ago this 18" rule wasn't
brought up (looks like my inspector missed that).

My point is at some time in this water heater's life, it was code compliant. If
it's still going and probably many more in this town are still going, how does it
suddenly become a code violation? Isn't there any "grandfathering" in of the
old code. There have been no mods to this heater since it was installed.
When is it mandatory to bring something up to code when the code is updated?

Thanks, Paul


PS--Getting a taller base means cutting the hot and cold pipes, extending the
gas line, and shortening the vent pipe. One plumber's estimate was $300-$400.
This was over the phone, though. For that much you might as well get a new
heater. All the sediment in this thing is probably what's keeping it from
springing a leak. We'll probably kill it when we do the drain to raise it up.

[Stytooner]

Sometimes codes are kinda bogus and were implemented strictly to solve an issue that is or has recenly became known.
The 18" stand rule may be because of flooding issues in lower lying areas. Flood a lit burner and it might just create a gas leak.
I know the money sounds high, but given the age of the heater, I think it would be in your and your prospective buyers best interest to have it replaced completely. That move may be enough to cement a deal with the buyer, not to mention the safety and reliability aspect.
I'm not sure how many other gas appliances you have, but I would consider going electric as well. That option is purely your own. It seems like both are comperable in cost when you include the cost of installation.
Regardless of which you choose, it would certainly be more efficient and less costly over the long haul than the one in there now. If you have to move a dinosaur, replace it. You or the buyer will thank you down the road.

[thiggy]

The reason for this rule is that many water heaters are located in the home's garage. Because cars sometimes leak gasoline and (older) water heaters have exposed flames, this creates a fire hazard. Gasoline fumes are heavier than air, and therefore if you raise the water heater 18" inches or so, you reduce the chance that the water heater will ignite gasoline fumes. Whether or not your heater is "grandfathered in" under the old rules is a matter to take up with your municipality's building inspector. Even if it is OK with the city, a prospective purcherser may require the change as a condition of sale, then that will be up to you.

[DUD]

I go with Lee on this, measure the height of existing gas heater, buy an electric water heater and prebuilt base. No vent required, use flexible connections for hot and cold. Get electrical run. Bill

[just4funsies]

What you have to understand here is that we're not talking about whether your hedges are too tall... We're talking about a dangerous situation... a safety issue... You will find your building officials much less willing to be flexible in a situation like this. They're all asking themselves whose ass will be in a very public wringer if they sign off on this, and then something happens. Another real concern (to the new buyer, anyway) is that his insurance might use this as an excuse NOT to pay off if there is a claim. It just makes good sense to get compliant. Perhaps, since he will be the major beneficiary, the buyer might be persuaded to split the cost with you.

[jAngiel]

Normally I would object to the thought of going electric on a water heater, but that is my opinion, I hate electric water heaters. BUT seeing that you are trying to sell the house, take the quickest and cheapest way possible and go electric. Slap in a new water heater, invest $500 or so dollars and just up your bottom line for the house. It probably will sell quicker if the buyers see that it has a new water heater reqardless of whether it was electric or gas. Be done with it, sell it, and move on...

[LarryG]

Isn't there any "grandfathering" in of the
old code. There have been no mods to this heater since it was installed.
When is it mandatory to bring something up to code when the code is updated?

This varies according to the specific code(s) involved, the locale, and sometimes the interpretation by the local building officials. The primary interest of any building code is life safety, with fire at the top of the list. As the others have noted, situations involving potential fire hazards tend be less subject to grandfathering than anything else.

It used to be, under most codes, that work not exceeding 50% of a building's value could be done without bringing the non-compliant portions of the building up to code. IOW, if you had a $100,000 house, you could do $49,999 worth of remodeling work and not be required to bring the untouched portions up to code (all the new work still had to comply, of course). That was where most of the "grandfathering" went on. But since the advent of the newer International Building Code that most communities have now adopted, this percentage-of-value provision has been eliminated and questions of exactly what must be brought up to current code, and what can be left as-is, are now left to the discretion of the local building official.

[JimD]

I agree with Larry, I think. Bringing something up to code is only necessary when the code says it is. I do not see why you have to change your water heater to keep the city or county happy but you may need to do it to sell the house. I would also agree that raising up an old water heater at the end of its usefull life would be a waste of time and money. Sounds like a deal waiting to happen to me. I would start with suggesting that if the buyer would pay for the new water heater, their choice of heat source and size, etc. you would pay for the added cost of raising it. Actually I would put it in myself. It is a simple job if you have ever done any plumbing. The extra cost if you are already replacing the heater should be small. The biggest part of the job the last time I did this was to drain the old heater. My new water heater was not the same height as the old one so I had to cut and solder the hot and cold lines anyway. That is why I think the added cost is low, possibly zero, if you are replacing the heater anyway. If the buyer does not want to pay anything, that would be another argument to try - they will be replacing it fairly soon and can take care of it at that time.

My understanding is that new gas heaters have changed to affect the possibility of flooding out the pilot. I forget the details. I would check at the nearest home center. There may be another selling feature for a new heater approach that a risk adverse buyer would want to know about.

Jim

[Russianwolf]

get a quote on how much it will cost to replace the Water Heater to Code (cheapest quote you can), and offer the propective buyer a discount on the price of the house equal to the quote. Let them worry about it.

Or get your realtor to have the work done with payment due at settlement.

In your area, if I were buying the house, I would want to put in a tankless heater anyway.

[atgcpaul]

Well, thanks for all the input. I called the City code office this morning and
they are firm on this one. When property changes hands, water heaters need
to be brought up to code. Apparently the newer heaters have a completely
enclosed combustion chamber and don't even need to be raised off the floor.
Oh well.

Although the buyers are getting a bargain on this house, we're going to sweeten
the deal a little more for them and offer to pay up to $400 to go halves on a
new heater. This hurts.

Paul

[TheRic]

Since the new ones don't need to be raised, then you might be able to slide it right on in with no major changes. Measure everything and try to find a hot water heater that fits with little modification. Might also just ask the hopefully new owners to take it as is for $$$ less. The person might be someone who can do it them selves. I saved some $$$ by buying my house knowing that electrical work needed to be done (was a electrician for 15 years).


As for your start of this thread, it is possible that the water heater was never under code. If someone did it on their own, building inspectors would not have to look it over, and signoff on things.

For example after you add that receptacle in your workshop does a electrical inspector check it out, nope. Did you do it up to the current code (hopefully yes for your own safety) maybe, maybe not.