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Distance between Island and Refrigerator Enclosure Cabinet

gskataria1

Member
Joined
Jun 23, 2015
Messages
5
Location
houston, tx
We are building a house in Texas and are 1 week away from completion and closing of the house. We realized that our space between the kitchen island and cabinet enclosing refrigerator is very small. On further research it is only 33 inches, While other houses on the street (same plan) are about 39 inches.

I researched the ICC code and found this -

From 2009 IRC CODE --

R311.6 Hallways. The minimum width of a hallway shall be not less than 3 feet (914 mm).

http://publicecodes.cyberregs.com/icod/irc/2009/icod_irc_2009_3_par142.htm?bu2=undefined

From 2009 International Property Maintenance Code-

404.2 Minimum room widths. A habitable room, other than a kitchen, shall not be less than 7 feet (2134 mm) in any plan dimension. Kitchens shall have a clear passageway of not less than 3 feet (914 mm) between counterfronts and appliances or counterfronts and walls.

http://publicecodes.cyberregs.com/icod/ipmc/2009/icod_ipmc_2009_4_par013.htm

Most of the French door refrigerators are around 36 inch wide, so i cannot even buy them as they have to pass through this space to get it installed. Even the counter depth ones, the space will be very congested when i open the bottom drawers.

What can I do at this point? Can i force the builder to move the island (which at this point will be very expensive and time consuming for the builder) and will push our moving date further?

Does builder has to follow these codes in Fort Bend county, Texas?
 
do you Know the population of the county??

Has there been any city or county building inspectors on the job??

OK, big question is this a cookie cutter desing, or did you help with the layout???

On the plans are the dimensions of the finished project the same as on the plans???
 
Not sure the residential code has a requirement for this. PM code must but I don't think that is enforceable on new construction prior to CO. Just looked at mine, 28" from door handle to island. Be great to have more but it is completely functional.
 
Somebody put the in slab plumbing on the wrong side of the line, and somebody else put the wall or cabinet where the plumbing is. Did you find this on your orientation walk thru?

Note it as a correction before acceptance.

Brent.
 
Sifu said:
Not sure the residential code has a requirement for this. PM code must but I don't think that is enforceable on new construction prior to CO. Just looked at mine, 28" from door handle to island. Be great to have more but it is completely functional.
You mean that there is 28" between the front of the refrigerator and the island? If that's the case how did you even get the refrigerator into its location?

Can you and the OP provide some sketches of the floor plan in the area in question?
 
Call the county and see what codes they use....If they use the IPMC you have a chance for correction under code, IRC, not so much. Or as a customer, you have the right to not like it and not buy it I would think...
 
Thanks for your responses. The builder is building 20 new houses on the street. I visited 3 other houses which are exactly the same plan and all of them have 39 inch clearance.

Population of county is around 700,000. It is a cookie cutter design from the builder. I had no input in the layout. On the blue print that i saw, it clearly states the distance should be 39 inches but on the finished product distance is 33 inches.

Our orientation walk thru is on friday. I try to visit the house every other day so I can inform the builder of any issues on time, so they can be fixed. About a week ago when the cabinets were installed i found out the issue. I informed the builder right away, Instead of fixing the issue, they want ahead and put granite on top of it the next day and sink few days later. Now fixing gets lot more complicated.

Attached is the image

http://i60.tinypic.com/jgi2l3.png[/img]"]
 
No problems getting the very old normal size frig out and a new counter depth one in. Slid it in sideways on a blanket and then rolled it back. And like I said it is perfectly functional, though it could be better as always. The 33" in the OP would be nice. Don't think codes will help in this case. The power is in the pocket-book.
 
gskataria1 said:
Thanks for your responses. The builder is building 20 new houses on the street. I visited 3 other houses which are exactly the same plan and all of them have 39 inch clearance. Population of county is around 700,000. It is a cookie cutter design from the builder. I had no input in the layout. On the blue print that i saw, it clearly states the distance should be 39 inches but on the finished product distance is 33 inches.

Our orientation walk thru is on friday. I try to visit the house every other day so I can inform the builder of any issues on time, so they can be fixed. About a week ago when the cabinets were installed i found out the issue. I informed the builder right away, Instead of fixing the issue, they want ahead and put granite on top of it the next day and sink few days later. Now fixing gets lot more complicated.

Attached is the image

http://i60.tinypic.com/jgi2l3.png[/img]"]
Not really

It was not built to the plans

Require it built per plans, put it to them in writing/// not your problem

Any county or city building inspector involved in the inspections??
 
Looks like you have the evidence in your hands that it is their mistake.....hold the builders feet to the fire to make it right.

Welcome to the forum
 
thank you for all your responses

i checked other houses on the street with the builder with the same plan and all are atleast 39 inches wide...6 inches more than mine. Orientation walk thru scheduled for friday and closing scheduled for Tuesday so far.

The plan was by the builder and i had no input on it.
 
& ~ & ~ &





gskataria1,

ABSOLUTELY do not accept your house until it is like you want

it EXACTLY !........There is a lot of money involved, and the

builder has not got paid yet.........Right now, you have leverage.

Please use it to your advantage.

Is this "clearance issue" the only thing wrong in the house ?

Have you had any inspections performed on this house ?

What codes \ standards are in-place in Fort Bend County, Texas ?

As an aside, if there has not been any inspections performed;

and maybe even if there has been, ...you might consider having

an independent 3rd Party Inspection Agency, to thoroughly inspect

the whole house & property.

One week away from completion, and you still have leverage to

find out exactly the condition of what you are purchasing.

Oh, and BTW, ...Welcome to The Building Codes Forum ! :cool:

& ~ & ~ &
 
do not accept the house until this issue is resolved to your satisfaction. Like Brent said they roughed the plumbing on the wrong side and just kept going. perhaps your the only one who has noticed.
 
retire09 said:
Where is this addressed in the IBC?
It is under the IRC and it is addressed R106.4;

R106.4 Amended Construction Documents. Work shall be installed in accordance with the approved construction documents, and any changes made during construction that are not in compliance with the approved construction documents shall be resubmitted for approval as an amended set of construction documents.
 
Last edited by a moderator:
When I was with Lennar I learned about consistancy. What is represented in the model homes have to be continued to the buyers home.

Orientation is your chance to do corrections. Of course when I was a construction manager if I found you walking around that house I would have booted your a55 right on out. I reveled in it. Got the nickname Bulldog.

Remember it's not your house, it is the builders house until it officially is signed to you.

So on orientation you point that out, let them know the model or other homes are different, and watch the shltstorm as it gets corrected. You would be surprised what can be done in 5 days. You don't have to be combative. Calmness and being resolute will get er done.

I can tell stories. :)

Brent.
 
I am having the house inspected by an independent inspector tomorrow. I talked to the builder as well and told them I wont be closing it until this issue is fixed. Other issues so far I found are pretty minor. I have searched online regarding fort bend county and also called their office but have not had any luck so far in getting response. Builder really wanted to close on time and told me they will fix it after the closing. But i told them I would not close until it is fixed. Hopefully it can be fixed within 7 days, otherwise my interest rate lock for mortgage would expire and would cost me to extend or get the new higher rate.
 
I'm no lawyer but I have offered to bail out Brent in the past. There must be a legal way to close on the purchase and still have the builder locked into moving the island.

There's no need to know the code on this as the building dept isn't going to get involved. An inspector wouldn't be likely to discover the mistake until the final inspection....if at all.
 
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