NC STATE BUILDING CODES
When a question or dispute about building codes arises, the authority is the Engineering Division, NC State Department of Insurance. Call 919-733-3901 and ask for a Code Consultant in the area you have a question (for example: building, electrical, plumbing, heating). For information on building codes in Pamlico County, contact Pamlico County Building Inspections, 252-745-3861.
ENVIRONMENTAL CONCERNS
Environmental concerns are an important part of a real estate transaction because they affect your health and the value of the property you are buying. If you suspect that the property you are buying has issues -- such as lead, unclean water, stump holes, underground storage tanks or other outdoor toxic materials, asbestos, radon gas or other indoor air pollution -- it is important to consult the appropriate legal or environmental professional to assist you.
FLOOD AREAS
North Carolina has disclosure laws for real estate professionals that address all natural hazards, including federally-designated flood areas. Buyers should be told if a property is located in an area which the Secretary of HUD has found to have special flood hazards and advised that it may be necessary to purchase flood insurance in order to obtain any loan secured by the property from any federally-regulated institution or a loan insured or guaranteed by an agency of the U.S. Government.
LEAD-BASED PAINT
The Residential Lead-Based Paint Hazard Reduction Act was passed in 1992 and applies to most houses and apartments built before 1978. It requires sellers and landlords (including properties that are "For Sale By Owner") -- and their real estate agents -- to disclose the known presence of lead-based paint on properties being sold or leased and to provide any available reports pertaining to lead-based paint hazards. It does not require that owners test for the presence of lead paint (this responsibility falls to the buyer).
All listing and property management firms for properties built before 1978 are required to give listing customers, prospective buyers or renters a copy of the federal pamphlet, Protect Your Family from Lead in Your Home. This pamphlet is also available online (in several languages) at www.epa.gov/docs/lead_pm and www.hud.gov. Other requirements include:
- A disclosure form that must be included with (or as an addendum to) each sales contract for affected properties.
- A seller must allow the buyer a 10-day period to conduct a lead-ased paint risk assessment or inspection (which may be waived or modified in writing by the buyer)
- A disclosure to an existing tenant is not required, but must be made upon the tenants' renewal of the lease agreement.
To get answers to specific questions about lead-based paint call the National Lead Information Clearinghouse at 800-424-LEAD.
MOLD
You may suspect mold if a building smells moldy (but you cannot see the source) or if you know there has been water damage. Mold may be hidden in places like the back side of dry wall, wallpaper or panelling, the top side of ceiling tiles, the underside of carpets, etc. Other possible locations of hidden mold include areas inside walls around pipes (with leaking or condensing pipes), the surface of walls behind furniture (where condensation forms), inside ductwork and in roof materials above ceiling tiles (due to roof leaks) or insufficient insulation.
The simplest way to deal with mold (if you can see it) is to take steps to get rid of it. If you cannot see or smell it, you need to find and fix the source of the moisture that's allowing mold to grow -- mold growth is likely to recur until the contaminated area is cleaned.
While most states require sellers and landlords to disclose that their property has been flooded, the presence of mold has generally been treated as a symptom of another problem and may not be a material fact they are required to tell you about. Reliable air sampling for mold can be expensive and requires expertise and equipment that is not available to the general public. Owners of private homes and apartments generally will need to pay a contractor to carry out such sampling, because insurance companies and public health agencies seldom provide this service.
Another reason most health departments do not recommend testing for mold contamination is that there are few available standards for judging what is an acceptable quantity of mold. In all locations, there is some level of airborne mold outdoors. If sampling is carried out in a home, an outdoor air sample also must be collected at the same time as the indoor samples to provide a baseline measurement. Because individual susceptibility varies so greatly, sampling is at best a general guide.
For the EPAs guide, Mold, Moisture and Your Home, go to www.epa.gov/iaq/molds/images/moldguide.pdf.
POLYBUTYLENE PLUMBING
Polybutylene is a form of plastic resin that was used extensively in the manufacture of water supply piping from 1978 until 1995. Due to the low cost of the material and ease of installation, polybutylene piping systems were viewed as "the pipe of the future" and were used as a substitute for traditional copper piping. It is most commonly found in the Sun Belt; where residential construction was heavy through the 1980s and early-to-mid 90ss, but it is also very common in the Mid Atlantic and Northwest Pacific states.
The piping systems were used for underground water mains and as interior water distribution piping. Industry experts believe it was installed in at least 6 million homes, and some experts indicate it may have been used in as many as 10 million homes. Most probably, the piping was installed in about one in every four or five homes built during the years in which the pipe was manufactured.
While scientific evidence is scarce, it is believed that oxidants in the public water supplies, such as chlorine, react with the polybutylene piping and acetal fittings causing them to scale and flake and become brittle. Micro-fractures result, and the basic structural integrity of the system is reduced. Thus, the system becomes weak and may fail without warning causing damage to the building structure and personal property. It is believed that other factors may also contribute to the failure of polybutylene systems, such as improper installation, but it is virtually impossible to detect installation problems throughout an entire system.
Throughout the 1980s lawsuits were filed complaining of allegedly defective manufacturing and defective installation causing hundreds of millions of dollars in damages. Although the manufacturers have never admitted that poly is defective, they have agreed to fund the Class Action settlement with an initial and minimum amount of $950 million. You'll have to contact the appropriate settlement claim company to find out if you qualify under this settlement.
Many sellers aren't even aware they have PB pipe. So how can buyers protect themselves? In North Carolina, the Real Estate Commission recommends that listing agents inquire as to any past leaks or other problems with the pipes in the property (and in neighboring properties if in a condominium, townhouse or similar project). If it's found that the owner (or neighbor) has had a history of problems or the owner has an ongoing problem, listing agents are required to disclose these facts to the buyer and recommend an inspection. If no problem appears, disclosure is permitted but not required.
More information with photos related to polybutylene plumbing may be found at www.polybutylene.com.
SEPTIC SYSTEMS
In Pamlico County, septic system permits are good for 5 years from the date a permit is written. There are various types of systems and generally they are issued for a 3-bedroom dwelling (bedrooms being defined as rooms with closets). Here are the most important things you need to remember:
- Always ask to see a copy of the existing septic permit before making an offer on undeveloped land. If a copy is not available, make your offer contingent on getting and accepting it.
- If the permit is expired, about to expire or simply unacceptable to you, you'll need to move on to another property or make an offer contingent on being able to obtain a current, acceptable permit. The cost for this is normally yours.
- After closing on the property you should consider installing the permitted system before your permit expired. Otherwise DO NOT LET YOUR PERMIT EXPIRE!
For questions regarding septic permits and systems in Pamlico County call the Pamlico County Environmental Health at 252-745-5534.
UNDERGROUND STORAGE TANKS
North Carolina requires sellers to disclose the known presence of underground storage tanks. Even though home heating oil tanks are exempt from the "technical regulations," some groundwater regulations will apply if there is a leak or spill from the tank. In situations where the tank is no longer being used (USTs), a tank owner is advised to empty the tank in order to limit the chances of a release. Tanks should not be filled with water. Although it is not a requirement to remove old heating tanks, potential buyers are sometimes reluctant to purchase property with USTs, so removal may be a good idea in the interest of resale.
Signs of a leak, spill or contamination such as stains on the soil, strong petroleum odors or puddles of oil must be reported to the NC Division of Waste Managment (DWM) immediately. Primarily, the "statutory tank owner" (STO) is responsible for cleaning up the contamination. Who the STO is depends upon when the tank was last used. If used before 11/8/1984, the last party who used the UST is considered the tank owner even if that party no longer owns the property. If used after that date, anyone who owned the tank would be considered the tank owner even if that person never used it.
For more information contact the NC Division of Waste Management, UST Section, at 919-733-8486.
Judi Heit, Broker/GRI/ABR
Mariner Realty Inc.
PO Box 750, Oriental NC 28571
800-347-8246
Judi Heit, Broker/GRI/ABR
