Log Cabin Rule

[Inspector 102]

In this state, the law says that if you build a residence for your own occupancy, the rules of the building code do not apply. The "log cabin" rule has been in affect for many years and judges have ruled that inspections need to be done, but the codes can not be enforced if the homeowner does not want to. That said, if there are items such as outlet spacing, exterior landings, 20-minute door between house/garage missing, should those be noted on the inspection report or simply state that the log cabin rule applied to dwelling and let the next buyer beware? Just had an inspection where the owner/builder missed an outlet along the kitchen counter-top space and forget to GFCI a working countertop space on the opposite side from the sink counter. Minor violations, but how far do you enforce when the rules do not apply? He is going to GFCI receptacles he missed because it is an easy fix, but the extra counter top plug will be a real challenge.

 

[texas transplant]

I 102,

If it were me, since it appears a court ruling was made saying, that inspections need to be done, but that you can't enforce it on the homeowner, I would do a regular inspection, write up everything I see, hand it over to the homeowner and call it good. The problem with you not writing it up is, since you are required to do the inspection, if something is wrong and you don't make official notification, the homeowner may come back at you later if someone gets hurt or killed, because "if I had known that was unsafe I would have fixed it". In my mind even if we can't force them to make a code correction, if we don't tell them about it, it has no chance of being corrected.

What state are you in by the way. That seems to be a new twist to any private homestead law than I have seen in my experiences.

 

[pyrguy]

Where are you located?

 

[peach]

tex is right... if you don't enforce codes on homeowners (for whatever reason THAT might be).. do an inspection, cite the code violations and walk away... it's the homeowners problem when he/she sells

 

[Robert Ellenberg]

I was in an area of Louisiana where you could theoretically still build a "camp" with out any code compliance but I would think lenders would require a CO as well as future buyers even if you built it and paid cash.