2

3

4

The following classifications shall be open to inspection for code violations for the first

twenty-four months:

1. Grading, fill and other site work

2. Masonry and concrete*

3. Carpentry and wood products*

4. Insulation

5. Moisture

6. Doors and windows

7. Finishes: paint, stain, wallpaper, carpet, tiles, flooring, etc.

8. Cabinets and countertops

9. Drywall and plaster

10. Roofing*

11. Siding

12. Windows and skylights

13. Caulking and weatherstripping

14. Hardware

The following classifications shall be open to inspection for code violations for the first

forty-eight months:

1. Heating and air conditioning

2. Plumbing

3. Electrical

Major structural damage, including structural damage to systems noted above by an

asterisk*, and building which are unsafe, unsanitary, do not provide adequate egress,

constitute a fire hazard, or are otherwise dangerous to human life shall be inspected for

code violations during the first eight years only.

Adopted by the Commission on June 8, 2005.

Revised July 1, 2005

APPLICABLE BUILDING CODES

Building codes change from time to time. For the purpose of these Standards, the

building codes governing the structural, mechanical, plumbing, electrical, gas and energy

requirements for new construction, that was adopted and in effect at the time the house

was constructed, must be used to determine compliance. Inspection of specific

components or systems by registered inspectors of the governmental authority having

jurisdiction will provide evidence of presumed compliance.

If building codes were not adopted and in effect at the time the house was constructed, the

following will apply to all structural, mechanical, plumbing, electrical, gas and energy

systems:

1. If the house was constructed prior to July 1, 2002;

A. The 1995 edition of the CABO One and Two Family Dwelling and Model Energy

Codes; or,

B. The 1997 edition of the Standard Building.

C. Mechanical, Plumbing and Gas Codes, the 1996 edition of the National Electrical

Code and the CABO Model Energy Code.

2. If the house was constructed after July 1, 2002;

A. The edition of the International Residential Code adopted and in effect at the time

construction was started.

Adopted by the Commission on June 8, 2005.

Revised July 1, 2005

6

The Construction Standards are intended to specify the minimum performance

standards for construction of homes and to set forth the basis for determining the validity of

all home buyer complaints related to defective materials and workmanship during the

initial one- year warranty period.

Only the most frequent defects of concern to the industry have been addressed in the

Construction Standards set forth in the following pages. It is not possible to discuss every

conceivable situation that can occur in building. Because of the limitless combinations that

can be incorporated into a home, infinite conditions can occur. This manual describes the

most common and repetitive situations. Likewise, the validity of any homeowner’s

complaint for defects for which a standard has not yet been addressed herein shall be

determined on the basis of good industry practice, which assures quality of materials and

workmanship, and any conciliation or arbitration of such complaints shall be conducted

accordingly.

The following Construction Standards are expressed in terms of performance standards.

Noncompliance with the performance standard calls for corrective action by the Builder.

The format is designed for easy comprehension by both layman and builder as follows:

1. Common Defect or Problem – a brief statement in simple terms of the problems to

be considered.

2. Performance Standard – Performance Standards relating to a specific deficiency.

3. Builder Repair Responsibility – statement of the corrective action required of the

builder to repair the deficiency or any other damage resulting from making the

required repair. The method of correction to meet the industry standard is at the

builder’s discretion. Alternatives for making acceptable repairs exist in most cases.

7

(Rough Carpentry, Lumber & Truss)

Framing or rough carpentry provides the skeletal structure which includes fabrication of

wood portions of the floor systems, exterior walls, interior partitions and roof which are

built on and supported by the foundation.

The exterior wall framing is designed to support the vertical load from the floors and roof

and to resist lateral loads resulting from winds. Interior partitions may or may not be load

bearing. The roof is designed to support its own weight plus that of anticipated loads from

snow, ice and wind. The framing is quality controlled by the building code and subject to

building inspection when the entire framed structure can be viewed.

Wood framing can be fabricated on or off a job site, or a combination of both. Even when

most of the framing is done on site, there has been a trend to use premanufactured

components, such as roof or floor trusses, in lieu of the more conventional joist and rafter

construction. As a natural product, wood will respond to humidity and temperature

conditions and can cause shrinking, twisting or warping of the framing material. Some of

these conditions can be controlled or minimized; others are due to the nature of wood itself.

In single family construction, lumber type and grade, span, spacing and load bearing

capacities are tightly controlled by code, while the carpentry foreman uses his own

judgment in determining the exact layout. Hence, the accumulation of tolerances of several

inches in overall dimension is not unusual.

1. Common Defect or Problem

Floors squeak.

Performance Standard

Floor squeaks are common to new construction and a squeak-proof floor cannot be

guaranteed.

Builder Repair Responsibility

Builder should try to minimize the floor squeaks and must correct if caused by a

construction defect. It should be noted that a second floor repair would be surface

nailing in carpeted areas and impossible in vinyl or ceramic areas.

2. Common Defect or Problem : Uneven or unlevel floors

8

Performance Standard : Floors shall not be more than ¼” out of plane or level in wood, vinyl and ceramic

areas or ½” out of plane in carpeted areas within any 32” measurement when

measured parallel to the joists.

Builder Repair Responsibility : Builder to repair to meet performance standard

3. Common Defect or Problem : Crowned floor joist. :

Performance Standard : Floors shall not be more than ¼” out of plane or level in wood, vinyl and ceramic

areas or ½” out of plane in carpeted areas within any 32” measurement when measured parallel to the joists.

Builder Repair Responsibility : Builder to repair to meet performance standard

4. Common Defect or Problem : Seams or ridges appear in the resilient flooring due to subfloor irregularities.

Performance Standard : In the natural settling and shrinkage process, some mismatch of the subfloor may

exhibit and mirror itself as ridges or depressions showing on the surface goods. This can be minimized by the customer in his selection of an embossed pattern in a darker color. In particular, lighter solid colors and/or smooth vinyl surfaces mirror any minor variations of the subsurfaces to which they are applied and emphasize this ridging. If the ridge or depression effect exceeds 1/8” and cannot be corrected : from below, the resilient floor must be corrected. The ridge measurements should be made by measuring the gap created when a 6” straight edge is placed tightly 3”on each side of the defect and the gap measured between the floor and the straight edge at the other end.

Builder Repair Responsibility : If ridges exceeds standard, builder to remove the sheet goods in the minimum area

where the joint will not be readily visible when repaired, renail the subflooring, sand smooth and/or fill gap and replace the sheet goods. Owner should note that there may be a mismatch in materials due to time or dye lot variations. If the material is unavailable due to discontinuation, unless the owner will accept a repair

9

with as closely matching materials as is currently available or correction by some other means, builder should credit the owner 1 ½” times the cost to repair if the material were available. This would be 1½ times the minimum service charge, plus the additional hourly labor charge and the material cost needed to make the repair.

5. Common Defect or Problem : Bowed walls.

Performance Standard : All interior and exterior walls have slight variances on their finished surfaces.

Walls should not bow more than ¼” out of line within any 32” horizontal or vertical measurement.

Builder Repair Responsibility : Builder will repair to meet performance standard.

6. Common Defect or Problem : Out of plumb walls

Performance Standard : Walls should not be more than ¼” out of plumb for any 32” vertical measurement.

Builder Repair Responsibility : Builder will repair to meet performance standard.

7. Common Defect or Problem : Out of plumb windows or windows do not operate.

Performance Standard

Windows must operate with reasonable ease as designed.

Builder Repair Responsibility

Builder to repair to be operable

8. Common Defect or Problem

Truss lift

Performance Standard

10

Truss lift occurs during the heating season and normally returns back down in the

summer months. Builder is not responsible for inadvertent cutting of tape where

wallpapering may have been done.

Builder Repair Responsibility

This is to be corrected only during the summer months after the first heating season,

only if first reported during year one. If the problem reoccurs in the next heating

season, and gap exceeds 1”, then additional methods must be taken to correct the

problem.

9. Common Defect or Problem

Cracked trusses

Performance Standard

Builder to contact truss manufacturer to make sure truss conforms to its

engineering.

Builder Repair Responsibility

Repair as per recommendation of truss manufacturer

10. Common Defect or Problem

Bowed ceilings

Performance Standard

All interior and exterior frame walls or ceilings have slight variations on the

finished surfaces. Bowing should not be visible so as to detract from the finished

surface. Ceilings, which are bowed more than ½ inch within a 36-inch

measurement running parallel with ceiling joist, shall be excessive.

Builder Repair Responsibility

Ceiling bowed in excess of the performance standard shall be corrected.

11

(Finished Carpentry, Plumbing, Cabinetry, Millwork and Countertops)

Wood and wood- like products are the basic materials used in finished carpentry. Wood is a

natural product with individual grain variations in each species of wood. The matching of

grain is not a standard procedure and may possibly be accomplished only as a specific

contractual agreement between the owner and builder and with the careful selection of

matching panels by the supplier. The variations in wood separate it from man-made

products. One of the wonderful characteristics of wood is the difference in each piece.

Over the past several years, a marked change has taken place in the area of finished

carpentry, paneling and millwork. Considerably less of the labor is being done on the site.

Almost all millwork, paneling, cabinetry, countertops and doors are purchased by the

builder as a completed product and are warranted by the builder according to

manufacturer’s standards.

Scratches, chips, gouges or nicks should be noted by the owner at the time of the

preoccupancy inspection. To maintain the beauty of the wood and wood products, wood

should be cared for by the owner much like furniture. Builder should caution owner to

only use products recommended by the manufacturers when cleaning and maintaining

wood products and also in caring for countertops.

During the initial building stabilization period (first heating and cooling seasons), it is not

unusual for doors to warp slightly or twist and alternately stick or not close. Warping,

shrinking and swelling of wood and wood- like products can occur due to temperature and

humidity changes.

If painting, varnishing and/or staining are to be done by the owner, it should be finished at

the earliest possible opportunity. Their primary purpose is preservation, protecting the

surfaces and edges from weather and moisture penetration. Owner should be made aware

that all surfaces must be sealed on all six sides. If a door or drawer fails and if it was not

sealed on all six sides and the owner did or contracted for his own staining, then the builder

is not responsible to make the repair. Filling and sanding of minor imperfections, nail

holes and splits are the responsibility of the painter. If the builder is responsible for the

painting and/or staining, samples or names of the paint products should be left with the

owner for minor touch- ups.

1. Common Defect or Problem

Interior doors, closet doors, cabinet doors, or drawers warp and cannot be closed or

will not stay closed.

12

Performance Standard

a. The owner should note that during the initial building stabilization period, it is

not unusual for doors to warp or twist and alternately stick or not close as the

home goes through a settling and drying period, especially over the first

heating season. The builder is obligated only to make replacements after this

initial stabilization period, since often the door straightens during this process.

Doors MUST be sealed on all six sides by the person contractually responsible

for painting/staining.

b. All interiors doors, closet doors, cabinet doors or drawers whose warpage

exceeds the National Woodwork Manufacturers Association Standards (1/4” in

most cases) and where the warp cannot be corrected by adjustment of either

jambs, stops, and/or hinges and cabinet catches to properly latch after the initial

stabilization period of the building, at the end of the first year, shall be

replaced by the builder. Doors MUST be sealed on all six sides by the person

contractually responsible for painting/staining.

Builder Repair Responsibility

Adjust, upon request of the owner, one time only, preferably at the end of the

warranty period, any doors and drawers that fail to operate properly. Replace

any doors or drawers, which cannot be corrected to be within acceptable

tolerance after stabilization. Refinish as necessary if staining was part of the

builder’s contract.

2. Common Defect or Problem

Garage to house solid core door warps

Performance Standard

Garage to house doors are more subject to weather conditions and thus these doors

may warp, but will tend to come back to their original state. This can be a continual

occurrence with seasonal changes.

Builder Repair Responsibility

If the door does not come back in summer to seal, builder to replace (provided door

was sealed on all six sides if staining was owner’s obligatio n). Refinish as

necessary if staining was part of the builder’s contract.

3. Common Defect or Problem

Warpage or non-closing of exterior doors (except storm doors)

Performance Standard

13

Because of the security provided by these doors, the doors must be adjusted or

corrected as required.

Builder Repair Responsibility

During the first year, if the security of the building is jeopardized, correct as

requested by the owner to maintain the security of the building. Replace any

exterior doors whose permanent warpage exceeds the standards referred to in item

#1 after the stabilization period. Refinish as necessary if painting and staining was

part of the builder’s contract. If painting is part of owner’s contract they are

cautioned to finish doors on all six surfaces at the earliest possible opportunity to

prevent weather deterioration and warpage of the doors and to maintain a warranty

on the door.

4. Common Defect or Problem

Cabinet doors do not align properly or there is a gap between door and cabinet

frame.

Performance Standard

Space between doors where doors butt should not exceed 1/8”. Top or bottom

alignment should not exceed 1/16”. Separation between the door and the frame

should not exceed ¼”.

Builder Repair Responsibility

Builder to repair if any of the above conditions exceed acceptable tolerance.

5. Common Defect or Problem

Loosening or separation of veneer on doors and cabinet doors

Performance Standard : Veneer should not crack or separate during the first year’s warranty provided the

doors have been properly finished. If painting is to be done by the owner, they are cautioned to finish all six surfaces of the veneer doors at the earliest possible opportunity to prevent weathering deterioration of the door which can lead to delamination or warpage.

Builder Repair Responsibility : Builder should repair or replace any doors where the veneer has separated or

delaminated during the first year of occupancy. Door replacement due to delamination is the owner’s responsibility if the owner has not promptly followed through on his responsibility to finish the door or has not finished all six sides of the doors. Builder to refinish only if painting or staining was part of the builder’s contract.

6. Common Defect or Problem : Shrinkage or swelling of paneled doors, panels in cabinet doors and/or paneling.

Performance Standard : Panels will, due to the nature of wood products, shrink and expand and may expose

unpainted or unstained surfaces.

Builder Repair Respons ibility : None.

7. Common Defect or Problem : Panels or door graining and/or color do not match.

Performance Standard : Since wood is a natural product and the grain structure is unique for each piece of

wood, the builder is only responsible for supplying the grades and types of lumber and millwork and paneling specified in the contract. Grain and color matching is not the industry standard.

Builder Repair Responsibility : None, unless matched lumber was specifically stated in the contract.

8. Common Defect or Problem : Scratches on glass in doors.

Performance Standard: Scratching is inherent in the added safety features that are mandated in glass doors.

Builder Repair Responsibility : None.

9. Common Defect or Problem : Millwork trim graining or color does not match.

Performance Standard

15

See #7

Builder Repair Responsibility

See#7

10. Common Defect or Problem

Gaps in miter joints.

Performance Standard

Gaps in miter joints should not exceed 1/16”.

Builder Repair Responsibility

Builder should repair any gaps exceeding 1/16”. If the owner is responsible for the

staining portion of the contract, the owner is responsible for restaining. If staining

was part of the builder’s contract, builder must restain, if necessary.

11. Common Defect or Problem

Gouges, cracks, nicks or other material or workmanship imperfections.

Performance Standard

Nail pops, blisters and other such blemishes at the time the owner closes or takes

occupancy of the home that are readily visible from a distance of six (6’’) under

normal lighting conditions are unacceptable.

Builder Repair Responsibility

Builder to replace millwork components with the above listed defects where the

defect cannot be easily corrected through the use of sanding or filling, so long as

these items were noted prior to occupancy. It should be noted that if the owner is

responsible for the painting portion of the contract, the finishing work becomes the

owner’s responsibility.

12. Common Defect or Problem

Splices of millwork material within the length of a wall.

Performance Standard

Splicing is permissible.

Builder Repair Responsibility

16

None.

13. Common Defect or Problem

Cabinets separate from wall or loosen.

Performance Standard

Provided the cabinet installation is secure, some shrinkage may occur which may

appear to indicate a gap between the cabinets and their mounting surface. This is

normal and requires no correction. However, if the cabinet is actually loose, the

builder shall correct.

Builder Repair Responsibility

Correct any loose cabinetry from the mounting surface, except those due to

shrinkage.

14. Common Defect or Problem

Countertops separate from wall.

Performance Standard

Acceptable tolerance is 1/8” in width.

Builder Repair Responsibility

Builder to caulk if gap is over 1/8”.

15. Common Defect or Problem

Seams in laminate countertops raise.

Performance Standard

This will occur occasionally. Owner should keep seams sealed as water can

penetrate.

Builder Repair Responsibility

None.

16. Common Defect or Problem

Exposed plastic laminate surfaces, laminate cabinetry and molded marble crack,

chip, delaminate or are burned or scratched.

17

Performance Standard

There should be no imperfections in exposed plastic laminate surfaces at the time

the owner takes occupancy of the ho me. Any defects must be noted by the owner

in writing at the preoccupancy inspection and should be corrected by he builder. In

some rare cases there may be some latent defects in laminates, which would require

adjustments by manufacturer.

Builder Repair Responsibility

Correct defects noted at occupancy inspection. Defects occurring after that time are

the owner’s responsibility for correction since these surfaces are subject to owner’s

damage.

18

Background

Weather stripping of doors and windows helps keep the home properly heated or cooled.

Metal stripping should be free of dents and loose sections, and plastic or rubber, stripping

should be glued tightly. The junction between windows, doors and exterior wall material

(i.e. siding, brick) will need to be caulked to minimize air infiltration. Caulking will need

to be maintained by the homeowner throughout the life of the home. It should be noted

that some air infiltration is normal during high winds.

1. Common Defect or Problem

Caulking cracks.

Performance Standard

All types of caulk will dry out. Builder to remove old caulk and replace with new

caulk at cracked areas one time during the first year. After the one repair, caulking

becomes an owner maintenance responsibility.

Builder Repair Responsibility

Builder to repair to performance standard one time during the first year.

2. Common Defect or Problem

Caulking is missing.

Performance Standard

Builder is responsible to caulk all wood, wood to masonry, aluminum to wood and

aluminum to masonry to local codes.

Builder Repair Responsibility

Repair to meet performance standard.

3. Common Defect or Problem

Air infiltration around doors and windows.

Performance Standard

19

Doors and windows are cold spot sources and some infiltration of air must be

expected. Proper weatherstripping and insulating around these areas can minimize

air passage. However, depending on the type of window (i.e.double hung and

sliding windows will have more air infiltration than casement or stationary

windows) and under certain temperature and wind conditions, some infiltration will

be observed by the homeowner.

Builder Repair Responsibility

Builder to inspect and adjust poorly fitted weatherstripping. If draft comes around

casings, builder to make sure insulation is in place around window wherever

possible.

20

Background

In reviewing drywall and plaster problems, which occur during the first year of warranty, it

is necessary to include some explanatory material on the nature of the material and its

perfomance during and after the initial stages of construction.

Drywall is a relatively inflexible gypsum material, which is applied to the interior surfaces.

Drywall and plaster are applied in sheets, which are nailed to the stud or joists for

application. The sheets are then taped and the entire surface is sprayed and textured to

produce a finished surface. In plaster, the final coats are trowelled on.

Because the drywall or plaster has been placed on lumber surfaces which are subject to

shrinkage and warpage and which are not perfectly level and plumb, problems occur

through stress and strain placed on drywall during the drying of the lumber which is

inherent in the construction of a home.

In evaluating the need for drywall and plaster repairs, the general rule to be applied is, if

the defect is readily noticed by visual inspection, it should be repaired. However, due to

the initial shrinkage problem, which exists with the new home, it is impossible to correct

each individual defect as it occurs, and for that matter is essentially useless to do so. The

entire house will tend to stabilize itself near the end of the warranty period, and one repair

should made when necessary, preferably near the end of the 12th month after occupancy

upon request by the homeowner. Repairs will be made no more than one time during the

warranty period. All repairs should be made to within industry standards. Any

reoccurrence beyond the warranty period becomes a homeowner’s maintenance item.

Since drywall and plaster are finish materials, repairs will be slightly visible due to a color

of texture mismatch after they have been made. The mismatch will be even more visible

when a special textured finish has been employed. Repairs do not require repainting when

they are applied on unpainted surfaces such as unpainted ceiling or when the builder did

not contract for the painting. The builder will attempt to match the repair as closely as

possible but the exact color match of the unpainted surface is impossible to achieve.

Where the repair has been made on a painted surface, the builder will not be responsible for

paint touch- up, provided color samples are left by the painter at the home, otherwise the

builder shall be responsible to touch up the repair, but the owner should be cautioned that

the color match will not be perfect.

1. Common Defect or Problem

Visual defects caused by normal shrinkage or nail pops, cracks, seam lines, ridging

or cracked corner beads.

21

Performance Standard

Any of the above defects which can be readily determined by visual inspection

(without lighting the defect from one direction) shall be repaired by the builder

except where normal repainting will cover the defect as in the case of a hairline

crack. Cracks not exceeding 1/16 inch in width are common in gypsum wallboard

installations and are considered acceptable.

Builder Repair Responsibility

Repair to original finish as closely as possible. Repairs will be made no more than

one time during the first year.

2. Common Defect or Problem

Defects caused by workmanship during installation such as blisters in the tape,

excess compound in joints, or trowelling marks.

Performance Standard

Defects, which can be readily observed by visual inspection (without lighting the

defect from one direction), are beyond the standard of industry except where

normal repainting will cover in the defect.

Builder Repair Responsibility

Correct such defects as in (1) above.

3. Common Defect or Problem

Photographing of mudded areas (tape lines, nails, corners).

Performance Standard

The paint on the wallboard surface has a different texture than on the taped and

mudded areas.

Builder Repair Responsibility

Photographing is not common, but when it is readily visible (without lighting the

defect from one direction), it is the builder’s obligation to repair.

4. Common Defect or Problem

Uneven texturing.

Performance Standard

22

As textures are composed of natural materials, there will be some variation.

Blemishes should not be visually apparent.

Builder Repair Responsibility

Repair finish to be uniform to standard.

5. Common Defect or Problem

Separatio n at ceiling due to trusses lifting.

Performance Standard

Truss lift occurs during the heating season and normally returns back down in the

summer months. Builder is not responsible for inadvertent cutting of tape where

wallpapering may have been done by the homeowner.

Builder Repair Responsibility

This is to be corrected only during the summer months after the first heating season.

If the problem reoccurs in the next heating season and gap exceeds 1”, then

additional methods must be taken to correct the problem (i.e. the use of a molding

at the ceiling).

6. Common Defect or Problem

Uneven angular joints or corners.

Performance Standard

Defects, which can be readily determined by visual inspection, are to be repaired by

builder only prior to decorating. The use of a rounded corner is acceptable at

angles.

Builder Repair Responsibility

Builder to repair to be visually acceptable.

7. Common Defect or Problem

Texturing on repairs is uneven.

Performance Standard

Since drywall and plaster are finish materials, repairs will be slightly visible due to

a color or texture mismatch after they have been made.

23

Builder Repair Responsibility

Every attempt should be made to uniformly match the

texture.

24

Background

Electrical system installation is performed by licensed contractors and in accordance with

state and national electrical codes. The electrical code dictates safety requirements

predominantly to prevent fires and minimize the chance of personal injury.

The builder cannot be responsible for what an owner plugs into an electrical outlet. Builder

is also not responsible for what an owner has added to the electrical system.

1. Common Defect or Problem

Outlets and switches do not work.

Performance Standard

All outlets and switches must be operative.

Builder Repair Responsibility

Repair or replace wiring or replace defective outlets and switches to make units

work properly.

2. Common Defect or Problem

Lights and fans do not work.

Performance Standard

Wiring to fixture must be operative.

Builder Repair Responsibility

Builder to repair defective wiring to lights and fans. If it is found that the fixture is

inoperative, it would fall under a manufacturer’s warranty. If the fixture was

builder supplied, the builder would be responsible for the service call. If the fixture

was owner supplied, the owner would pay the service call.

3. Common Defect or Problem

25

Lights dim or flicker in parts of building.

Performance Standard

Lights may dim or flicker during starting of some motor driven equipment.

Builder Repair Responsibility

Check wiring for installation per standards of State Electrical Code. If

flickering/dimming does not occur when motor driven equip ment is turned off, the

owner should notify the builder to check if the wiring is per Code. If nothing is

found, the owner should contact the electric power company for possible defects in

supply source.

4. Common Defect or Problem

Lights dim/flicker in entire building.

Performance Standard

Lights should not flicker throughout entire building at one time.

Builder Repair Responsibility

Builder should first check internal wiring as necessary. If internal wiring is proper,

owner should then notify the electric power company for possible defects in supply

source.

5. Common Defect or Problem

Circuit breakers trip out.

Performance Standard

Circuit breakers should not disengage under normal usage except in cases where

they may be an overload of portable appliances. (See #6 re: GFI circuits).

Builder Repair Responsibility

If it is determined that there is not an overload of portable appliances, builder to

repair or replace breaker.

6. Common Defect or Problem

Ground fault interruptor (GFI) circuit trips frequently.

Performance Standard

26

Ground fault interruptors are sensitive safety devices installed into the electrical

system to provide protection against electrical shock. These sensitive devices can

be tripped very easily.

Builder Repair Responsibility

Builder shall install ground fault interruptor in accordance with approved electrical

code. Tripping is to be expected and is not covered, unless due to a construction or

product defect.

7. Common Defect or Problem

Fluorescent lights hum.

Performance Standard

Some fluorescent ballast will hum.

Builder Repair Responsibility

Excessive hum must be checked by an electrician.

8. Common Defect or Problem

Door bells/chimes do not work.

Performance Standard

Door bells/chimes carry a one-year warranty and should operate.

Builder Repair Responsibility

Builder to repair or replace if door bell/chimes supplied by builder. Owner is

responsible if owner supplied.

9. Common Defect or Problem

Drafts from electrical outlets.

Performance Standard

Electrical junction boxes on exterior walls may produce airflow whereby the cold

air can be drawn through the outlet into a room.

Builder Repair Responsibility

None. Owner can place a foam type insulation behind cover plate to cut down the

infiltration.

27

10. Common Defect or Problem

Water leaks into basement at builder installed conduits going through walls.

Performance Standard

Water leaks into basement should not occur at conduits assuming owner has

properly graded around foundation.

Builder Repair Responsibility

Builder to repair, providing grading is not at fault.

28

Background

Fireplaces fall into two categories. The first being “full masonry.” This type of

fireplace is constructed with a masonry flue, exterior veneer and interior firebox.

The second is “prefabricated”, having a metal pipe chimney and a manufactured

metal firebox

1. Common Defect or Problem

Fireplace or chimney does not draw properly.

Performance Standard

A properly designed and constructed fireplace and chimney shall function properly.

It is normal to expect that high winds can cause temporary negative draft situations.

Similar negative draft situations can also be caused by obstructions such as large

branches of trees too close to the chimney.

Builder Repair Responsibility

Builder will determine the cause of malfunction and correct, if the problem is one

of design or construction of the fireplace.

2. Common Defect or Problem

Firebox paint changed by fire.

Performance Standard

Heat from fires can alter finish.

Builder Repair Responsibility

None.

3. Common Defect or Problem

Cracked firebrick and mortar joints in firepot.

Performance Standard

Expansion and contraction will cause cracking.

29

Builder Repair Responsibility

None, unless crack exceeds 1/8” width. Builder will then tuckpoint.

4. Common Defect or Problem

Rust on the exterior of the fireplace or rust on the damper.

Performance Standard

As rust can form from condensation or moisture within a home, the owner should

use a rust-removing product to remove rust.

Builder Repair Responsibility

None.

5. Common Defect or Problem

Cracks in chimney and fireplace caps.

Performance Standard

Chimney and fireplace caps should be checked periodically by the owners for

hairline cracks in the concrete and brick, and especially next to the flue. These

cracks are caused by shrinkage and severe weather conditions and should be

caulked with an elastic type caulking compound or tuckpointed with mortar or

cement. Failure to do this could result in moisture getting into the chimney,

freezing and cracking the flue material or the face of the brick or stone.

Builder Repair Responsibility

None, unless crack exceed 1/8” in width. Builder will then tuckpoint.

6. Common Defect or Problem

Fireplace fans are noisy.

Performance Standard

Fans will make some noise due to the location of their installation but should not be

excessively noisy. Fireplace fans are covered by a one-year manufacturer’s

warranty. Noise level is not to exceed manufacturer’s acceptable noise level.

Builder Repair Responsibility

Builder to inspect and repair if fan is touching any party of fireplace.

30

7. Common Defect or Problem

Cracks in mortar joints of brick or other masonry walls or veneers.

Performance Standard

Small hairline cracks due to shrinkage are common in mortar joints in masonry

construction. Cracks greater than 1/8” in width are considered excessive.

Builder Repair Responsibility

Builder will repair cracks in excess of Performance Standard by pointing or

patching. These repairs shall be made at the end of the first year of the warranty

period. Owner should be aware that some variation between old and new mortar

color will occur.

8. Common Defect or Problem

Chimney separation from structure to which it is attached.

Performance Standard

Newly built fireplaces will often incur slight amounts of separation. Separation

shall not exceed 1/2” from the main structure in any 10’ vertical measurement.

Builder Repair Responsibility

Builder will determine the cause of separation and correct if standard is not met.

31

Background

Finished flooring work is subject to the same phenomena during construction of a home

that applies to drywall and plaster, namely shrinkage and warpage of the surface to which it

is applied, settling of the home, expansion and contraction of the subsurface to which it is

applied with moisture and temperature variations. Most of the problems which occur

affecting flooring are a result of these natural phenomena occurring during the stabilization

of the home during the initial warranty period and are mirrored in the floor coverings.

Resilient flooring is a manufactured bought as a finished product, either in the form of

squares or sheet goods, which is applied by the appropriate trade, predominantly with

mastic directly over the surface prepared to accept it.

The following finished flooring standards are contained separately in this section:

1. Carpeting

2. Ceramic or Quarry Tile

3. Resilient Flooring

4. Wood Flooring

32

Background

Carpet installation may often be contracted assumed by the owners or may be done by the

builder as an allowance item. A standard carpet installation will use seaming techniques to

join the material and these seams will be somewhat visible. Carpeting is subject to normal

manufacturing tolerance and most particularly to lot variations affecting color, texture and

pattern. From time to time, patterns are discontinued, which makes it impossible to exactly

duplicate the material; hence it is recommended that the owner save any scrap material

from the carpet installation for any future repairs that may be required because of burns,

spots, etc.

1. Common Defect or Problem

Open carpet seams.

Performance Standard

Carpet seams will show. However, no visible gap is acceptable.

Builder Repair Responsibility

Builder will correct any open gaps.

2. Common Defect or Problem

Carpeting becomes loose, seams separate or stretching occurs.

Performance Standard

Wall to wall carpeting, installed as the primary floor covering, when stretched and

secured properly, shall not come up, become loose, or separate from its point of

attachment.

Builder Repair Responsibility

Builder will re-stretch or re-secure carpeting as needed, if original installation was

performed by the builder.

3. Common Defect or Problem

Spots on carpet, minor fading

Performance Standard

33

Exposure to light may cause spots on carpet and/or minor fading. Spots, if noted

prior to occupancy in writing, would be the builder’s responsibility.

Builder Repair Responsibility

None, unless noted prior to occupancy in writing. Builder would then clean or

repair.

34

Background

Ceramic or quarry tile is also used as a finished flooring surface and in some counter and

wall applications. Hard tile is supplied as a finished product and is subject to lot variations.

The tiles may be attached to the subfloor, finish floor, or wall surface with mastic (glue) or

directly set into a mud base (special concrete mix). After the tile is set, grout is applied to

fill the joints. Grouting will be affected by the natural settling and shrinkage of the home.

Regrouting will be required by the homeowner as normal maintenance throughout the life

of the home. With colored grout, it is virtually impossible to match colors should a repair

of grout be desired.

Ceramic tile installation may be performed as an allowance item. Installation and tile costs

may vary with tile size, shapes and patterns selected by the homeowner.

In all cases of finished floor covering materials, the owner is advised to follow the

manufacturer’s suggested recommendations for maintenance and cleaning.

Narrow tipped or stiletto high heels will damage ceramic and quarry tile flooring and

would not be the builder’s responsibility for repair. Because of this and the wear and tear

caused by normal use of the floor, no reasonable repair can be expected to restore perfectly

the flooring to a new, unused condition.

1. Common Defect or Problem

Cracks appear in grouting of ceramic tile joints or at junctions with other materials

such as a bathtub.

Performance Standard

Cracks at the joints of ceramic tile are commonly due to the settling process,

especially between the horizontal and vertical surfaces or the butting of dissimilar

materials. As such, they require repointing.

Builder Repair Responsibility

Ceramic tile should be repointed when necessary, only once during the warranty

period, preferably near the end of the warranty period. After one repointing, it

becomes an item of owner’s maintenance.

2. Common Defect or Problem

Ceramic tile cracks or become uncemented

Performance Standard

35

Tile should not crack or become loose during warranty period under normal wear.

It should be noted that ceramic tile can crack if something is dropped on the floor

and type of cracking is not warranted.

Builder Repair Responsibility

Replace any cracked tiles and recement any loose tiles, unless the defects were

caused by owner’s negligence. (Owner is cautioned that there may be a color

mismatch if no extra tiles are available).

3. Common Defect or Problem : Ceramic tile grout discolors.

Performance Standard : Normal efflorescence is a condition, which can be cleaned with a special solution or will disappear in time. Grout is porous and can be sealed by the homeowner to prevent dirt penetration.

Builder Repair Responsibility : None.

4. Common Defect or Problem : Mildew forms on tile or grout.

Performance Standard : This is a homeowner’s maintenance responsibility.

Builder Repair Responsibility : None.

5. Common Defect or Problem : Color variations in tile.

Performance Standard : Color variations are inherent in all ceramic glazes fixed clay products.

Builder Repair Responsibility : None.

36

6. Common Defect or Problem : Tile style or pattern no longer available when repair called for.

Builder Repair Responsibility : Unless owner will accept a repair with as closely matching materials as is currently

available or correction by some other means, builder should credit the owner 1 ½ times the cost to repair if the material were available. This would be 1 ½ time the minimum service charge, plus the additional hourly charge and material cost estimate.

7. Common Defect or Problem : Floors squeak.

Performance Standard : Floor squeaks are common to new construction and a squeak-proof floor cannot be

guaranteed.

Builder Repair Responsibility : Builder should try to minimize the floor squeaks and must correct if caused by a

construction defect. It should be noted that second floor repair would be a surface

nailing in carpeted areas and impossible in vinyl or ceramic areas.

37

Background

Resilient flooring includes inlaid, roto-vinyl, seamless sheet vinyl, and resilient vinyl

composition tile.

All resilient flooring is subject to normal manufacturing tolerances and most particularly to

dye lot variation affecting color, texture, and pattern. From time to time, patterns are taken

off the market, which makes it impossible to exactly duplicate a material when none is

available. The most common problem occurring when partial replacement is called for in

repair is the inability to match closely in color due to variation from dye lot to dye lot. In

the replacement or correction of resilient flooring, the owner must be prepared to accept a

variation in dye lot, when the pattern is still in existence and is cautioned that a seam may

show. When a repair is made, the smallest possible area should be repaired. Although the

builder will attempt to match colors as closely as possible, the owner should note that the

wax or vinyl dressing build-up on the existing areas, light variations, atmospheric

conditions and other chemical reactions will produce a color variation, even within within

the same dye lot. The owner can minimize this variation by removing any build-up and

thoroughly cleaning the floor according to the flooring manufacturer’s recommendations.

Likewise, the color variations will become less noticeable with subsequent dressings and

use of the floor.

The nature of resilient flooring makes possible permanent deformation of the surface when

subject to high loads which can be exerted by furniture with improper floor protectors or no

protectors at all. Manufacturer recommended protectors are a necessity. The protectors

must rest flat on the floor, not at an angle. The maximum surface load per square inch

must not exceed 75lbs. Narrow tipped or stiletto high heels will damage vinyl tile and all

sheet vinyl flooring and would not be the builder’s responsibility for repair. Because of

this and the wear and tear caused by normal use of resilient flooring, no reasonable repair

can be expected to restore perfectly the resilient flooring to a new, unused condition.

Resilient flooring is a manufactured product bought as a finished product, either in the

form of squares or sheet goods, which is applied by the appropriate trade, predominantly

with mastic directly over the surface prepared to accept it.

1. Common Defect or Problem

Nail pops appear on the surface of resilient flooring.

Performance Standard

All nail pops should be repaired.

Builder Repair Responsibility

38

Correct all nail pops which have not broken the surface of the goods by driving the

nails back into place. Replace any areas where the nail pop has broken the surface.

Replace sheet goods in the minimum area where the joint will not be readily

noticeable where the nail pop broke the surface.

2. Common Defect or Problem

Seams or ridges appear in the resilient flooring due to subfloor irregularities.

Performance Standard

In the natural settling and shrinkage process, some mismatch of the subfloor may

exhibit and mirror itself as ridges or depressions showing on the surface goods.

This can be minimized by the customer in his selection of an embossed pattern in a

darker color. In particular, lighter solid colors and/or smooth vinyl surfaces mirror

any minor variations of the subsurfaces to which they are applied and emphasize

this ridging. If the ridge or depression effect exceeds 1/8 “ and cannot be corrected

from below, the resilient floor must be corrected. The ridge measurements should

be made by measuring the gap created when a 6”straight edge is placed tightly 3”

on each side of the defect and the gap measured between the floor and the straight

edge at the other end.

Builder Repair Responsibility

If ridge exceeds standard, builder to remove the sheet goods in the minimum area

where the joint will not be readily visible when repaired, renail the subflooring,

sand smooth and/or fill gap and replace the sheet goods. Owner should note that

there may be a mismatch in materials due to time difference or dye lot variations. If

the material is unavailable due to discontinuation, unless the owner will accept a

repair with as closely matching materials as is currently available or correction by

some other means, builder should credit the owner 1 ½ times the cost to repair if the

material were available. This would be 1 ½ times the minimum service charge,

plus the additional hourly labor charge and material cost need to make the repair.

3. Common Defect or Problem

Resilient flooring lifts, bubbles, or becomes unglued at joint.

Performance Standard

Resilient flooring should not loosen during the normal warranty period unless

caused by the owner’s negligence or excessive use of water.

Builder Repair Responsibility

Providing edges are still intact, resecure the material. If not replace the minimum

area as per standard #2.

39

4. Common Defect or Problem

Shrinkage gaps show in resilient flooring

Performance Standard

Gaps shall not exceed 1/16” in width in vinyl to vinyl joints. However, where

dissimilar materials abutt, larger gaps may appear.

Builder Repair Responsibility

Correct to meet standard.

5. Common Defect or Problem

Flooring discoloration.

Performance Standard

Certain conditions and substance such as heat, oil, fertilizers, asphalt from

driveways and driveway sealers with an asphalt or coal tar base, and some carpet

dyes can cause permanent stains especially in traffic areas. The owners are also

cautioned that the use of certain latex or rubber back throw rugs can cause

discoloration of the resilient flooring due to a chemical reaction that occurs.

Builder Repair Responsibility

This is not a manufacturing defect nor the builder’s responsibility, but is the

owner’s responsibility to protect these areas with doormats or proper rugs at each

entrance. There are certain instances in which discoloration may be warranted by

the manufacturer. Owner should contact the manufacturer for a determination

under their warranty.

6. Common Defect or Problem

Fading of color of resilient flooring.

Performance Standard

Exposures to excessive direct sunlight through glass sliding doors, for example, can

cause fading or discoloration.

Builder Repair Responsibility

This is not a manufacturing defect nor the builder’s responsibility, but is the

owner’s responsibility to protect these areas by the use of drapes or blinds during

times of direct sunlight exposure. Resilient flooring is no different in this instance

than any drapes, furniture or carpeting in the home.

40

7. Common Defect or Problem

Heel marks, burns, scratches, scuffs and indentations on resilient flooring.

Performance Standard

All of the above items are caused by the owner use and abuse.

Builder Repair Responsibility

None, unless problems are relayed to the builder in writing prior to occupancy or

noted during walk-through. If builder is notified prior to occupancy or at walkthrough,

it is builder’s responsibility to repair. If it occurs after that time, it is the

responsibility of the homeowner.

8. Common Defect or Problem

Wear on surface or loss of sheen on resilient flooring.

Performance Standard

Depending on the type of product, owner to refer to manufacturer’s warranty.

Performance Standard

Builder Repair Responsibility

None

9. Common Defect or Problem

Floors squeak

Performance Standard

Floor squeaks are common to new construction and a squeak-proof cannot be

guaranteed.

Builder Repair Responsibility

Builder should try to minimize the floor squeaks and must correct if caused by a

construction defect. It should be noted that second floor repair would be surface

nailing in carpeted areas and impossible in vinyl and ceramic areas.

41

Wood flooring, as a finished surface, is applied directly over the subfloor. Wood flooring,

while predominantly hardwood, may occasionally be softwood. Hardwood is generally

preferred because of its better wearing qualities and the resistance to abrasions. Wood

floorings may be either pre-finished or job-finished. All wood floors are subject to

shrinkage, as a natural occurrence. Both stains and sealers on job-finished floors may

require maintenance different from that of pre-finished floors. It should be noted that due

to climate and humidity changes, wood floors may be subject to gapping.

1. Common Defect or Problem

Gaps in wood floor.

Performance Standard

It must be understood that gapping is a normal occurrence during the heating season.

Repairs should then be made during the summer so a proper correction can be made

because warm, humid weather will cause the floor to expand. Gaps in excess of 1/8”

in summer are to be corrected.

Builder Repair Responsibility

Builder to repair gaps in excess of 1/8”

2. Common Defect or Problem

Wearing of finish on wood floor.

Performance Standard

Elements of nature, moisture, and driveway materials may cause the finish on wood

floors to wear faster. The homeowner should maintain their flooring to prevent this

condition.

Builder Repair Respons ibility

None

3. Common Defect or Problem

42

Finish is uneven on wood floors

Performance Standard

Slight variations may appear in the finish, but must not be readily visible.

Builder Repair Responsibility

Builder to repair/replace if visibly uneven

4. Common Defect or Problem

Cupping of hardwood floors.

Performance Standard

Cups in strip hardwood floorboards shall not exceed 1/16 inch in height in a 3-inch

maximum span measured perpendicular to the long axis of the board.

Builder Repair Responsibility

Builder to repair or replace any boards that have cupped in excess of the

performance standard on hardwood floors. The Builder is not responsible for

cupping caused by moisture beyond the control of the Builder. There is no

warranty for cupping on a pine or soft wood floor.

5. Common Defect or Problem

Dents in wood floors

Performance Standard

This is a normal occurrence in wood floors due to high heels, etc., and must be

noted to builder in writing at preoccupancy inspection.

Builder Repair Responsibility

None, unless noted in writing prior to occupancy, then builder to repair.

6. Common Defect or Problem

Fading of wood floors.

Performance Standard

Exposures to excessive direct sunlight through glass sliding doors, for example, can

cause fading or discoloration.

43

Builder Repair Responsibility

This is not a manufacturing defect nor the builder’s responsibility, but is the

owner’s responsibility to protect these areas by the use of drapes or blinds during

times of direct sunlight exposure. This is no different than other fabrics such as

furniture or carpeting in the home.

7. Common Defect or Problem

Floors squeak

Performance Standard

Floors squeaks are common to new construction and a squeak-proof floor cannot be

guaranteed.

Builder Repair Responsibility

Builder should try to minimize the floor squeaks and must correct if caused by a

construction defect. It should be noted second floor repair would be surface

nailing in carpeted areas and impossible in vinyl and ceramic areas.

44

Background

The surface of hardboard used on garage doors is ideal for field applied coatings, since

hardboard does not have any knots, grain raise, or other defects that typically shorten the

coatings life. Hardboard used on garage doors is made from wood. As such, it must be

properly coated initially and maintained if satisfactory performance is to be achieved from

the hardboard door as well as the field applied coating.

If the homeowner does his own painting and staining, for the warranty to be effective, paint

must be applied to inside and outside surfaces and on all edges, immediately after

installation.

An inherent characteristic of flush doors is the possibility of bowing (either inward or

outward). This is not considered a defect. Proper painting of the door, plus the use of paint

other than a dark color, will minimize this possibility. (Dark paint does not deflect the heat

of the sun as well as lighter paints do).

1. Common Defect or Problem

Bottom of overhead door does not fit to the floor.

Performance Standard

Door weather-stripping should fit flush to the floor.

Builder Repair Responsibility

Builder to scribe the bottom of the door to conform to the level of the concrete so

Weather-stripping on bottom of door affects a seal.

2. Common Defect or Problem

Garage doors allow entrance of snow or water.

Performance Standard

Garage doors allow shall be installed as recommended by the manufacturer. Some

entrance of the elements can be expected under severe weather conditions, if the

door is not weatherstripped.

Builder Repair Responsibility

45

Builder will adjust or correct garage doors to meet manufacturers

recommendations. If weatherstripped, door must seal out the elements.

3. Common Defect or Problem

Door does not fit tightly at the sides and top.

Performance Standard

A. If it is an unweatherstripped door, there may be some small gaps.

B. If the door is weather-stripped, the door should fit tight.

Builder Repair Responsibility

A. If the door is unweather-stripped; the builder has no repair responsibility.

B. If the door is weather-stripped; the builder is to repair.

4. Common Defect or Problem

Garage doors fail to operate under normal use.

Performance Standard

Garage doors shall operate properly.

Builder Repair Responsibility

Builder will correct or adjust garage doors as required, except where the cause

is determined to result from homeowner abuse or negligence.

5. Common Defect or Problem

Garage doors sag.

Performance Standard

Due to the excessive weight of a panel door, some sagging may occur.

Builder Repair Responsibility

None, as long as it is within manufacturer’s tolerance.

6. Common Defect or Problem

Split in door panel.

46

Performance Standard

Split panels shall not allow light to be visible through the door.

Builder Repair Responsibility

Builder will, if light is visible, fill split and match paint or stain as closely as

possible if they did painting originally. This will be done only one time in the

warranty period, preferably at the end of the first year.

47

Background

It is the intention of this standard to assist in obtaining a uniform acceptable

understanding of grading and related problems. The standard is not meant to

supersede or substitute for other restrictions placed by agencies or communities. It

is for this reason no mention is made as to FHA requirements or disputes that may

arise as a result of similar agencies. Such agencies have written manuals or means

of arbitrating such disputes.

Because this phase of construction dealing with the move ment of earth is so broad

and ambiguous, since each site is unique unto itself and subject to the most diverse

contractual relationships, it is thus necessary to establish certain “ground rules” or

definitions for phases of work.

If finished grading or landscaping is not included in the building contract, it is of

absolute necessity the owner promptly follow through with his grading and

landscaping responsibilities and maintain a positive slope away from the

foundation, including refilling any settled backfilled and trenched areas. The lack

of proper maintenance in this area may cause foundation failure that will not be

covered by the builder.

To remove soil to the level and outline of the proposed footings in such a way as to

permit material delivery for the mason to commence work. Excavated soil is

normally cast (dropped on the property) around the foundation except where lot

size, site conditions and/or elevation requires its removal. Trucking costs are the

respons ibility of the owner.

Hauling away excess ground or supplying and hauling in required fill, unless

otherwise specified in the contract, is the responsibility of the owners.

To fill the exterior around a foundation or in a trench using a bulldozer or other

necessary mechanical equipment utilizing only the ground which was available

from such excavation or trench. The purpose of backfilling is to improve working

conditions for further construction; attempt to protect the foundation from the

elements such as frost, water etc., reduce the hazards inherent to open basements or

foundations and get the process of ground settlement started which could take three

or more years depending upon the type of soil. Builder is not responsible for

settling.

48

Using mechanical equipment, the grader provides drainage away from the

foundation, in such a way to indicate approximate grades at the building, walks,

patios, and driveways. This is normally done on an allowance specified in the

contract. Builder is not responsible for settling.

Using mechanical equipment and the dirt on the site, the grader establishes the yard

grade within two inches of final landscaped grade with respect to the building,

walks, drive and adjoining properties. Depending on the terms of the contract this

would ordinarily include the entire lot. This is normally contracted for by the owner

and is the step just prior to la ndscaping.

Using light machinery or hand labor the grader finishes establishment of final

grade, sodding or seeding, and provides ornamental shrubbery, trees and other

planting. This is normally contracted for by the owner.

Site drainage must comply with all applicable building codes in jurisdiction. All

sites must be prepared initially to prevent or reduce erosion from excessive water

run off. All cont ractual agreements made between parties will take precedents over

guidelines. Homeowner maintenance is required after the possession of site.

1. Common Defect or Problem

Settling of ground foundation, sewer or septic trenches and gravel- fill-in garage

area after backfill operations.

Performance Standard

Backfilled ground will settle. In fact, it is the intent to permit settling before further

grading is done.

Builder Repair Responsibility

To the extent provided in the building contract, the builder is to perform the initial

backfilling.

Where the builder is not responsible by contract for finish grade or landscaping, the

builder shall not be responsible for normal settling of backfilled or trenched areas.

Lines installed by the Builder that settle excessively shall be repaired by the builder

during the first year.

49

Owner’s Responsibility

Unless otherwise specified by contract, fill in such depression as they occur or as

soon as possible to avoid other related problems.

2. Common Defect or Problem

Wet basement walls after backfilling, due to insufficient slope away from the

foundation when builder is responsible for backfill and/or rough grading only.

“Wet” shall be defined as actual water running or trickling from, through or under

the basement wall and onto the floor thus puddling or eventually finding the floor

drain. Dampness of the walls particularly at the upper two (2) and lower (1) foot

are common to new construction and should not be construed as “wet”.

Performance Standard

Wet walls are usually a result of sunken areas around the foundation since the

owner’s grading hasn’t been done. But even if there are no depressions, this is still

not a builder responsibility since he is only doing the backfilling and/or rough

grading. The subsequent proper grading and landscaping should eliminate damp or

wet basements.

Builder Repair Responsibility

Backfill in accordance to item #1.

3. Common Defect or Problem

Wet basement walls due to insufficient slope and drainage away from foundation

when builder has contracted for finish grading.

Performance Standard

While some dampness is normal, wall should not be wet as defined in item #2

above.

Builder Repair Responsibility

If landscaping is owner’s contractual responsibility and not completed within 30

days of finished grading, there is no builder responsibility. Otherwise, builder

should correct slope as needed, other costs incidental to such correction are borne

by the builder.

Owner Responsibility

Fill in depressions, as they occur, due to settling. Direct downspouts and sump

pump discharge from foundation and use extensions as needed. The owner’s proper

landscaping should eliminate a wet basement.

50

4. Common Defect or Problem

Improper drainage of the site.

Performance Standard

The builder, to insure proper drainage away from the home, shall have established

the necessary preliminary grades and swells. Standing or ponding water shall not

remain for periods in excess of 48 hours in the immediate area after a rain, except

that in swales which drain other areas, or in areas where sump pumps discharge, a

longer period can be anticipated. Consideration must be given to the type of soil

present and to the relationship to surrounding terrain. The possibility of standing

water after an unusually heavy rainfall should be anticipated. No grading

determination shall be made while there is frost or snow on the ground, or while the

ground is saturated.

Builder Repair Responsibility

The builder will try to establish the proper grades and swales based on soil

conditions, site, and weather conditions. The homeowner is responsible for

maintaining such grades and swales once they have been established.

5. Common Defect or Problem

Heavy rains will cause erosion where grass and sod has not had time to be

permanently established.

Additional landscaping by homeowner or his agent can change the topography of

site.

Performance Standard

The defects or problems can be determined by visual inspection or by additional

information gathered at site inspection.

Builder Repair Responsibility

Repair to original finish as closely as possible.

Repairs, if required by inspection, will be made no more than one time during first

year.

6. Common Defect or Problem

Grass, ornamental shrubbery, trees and other plantings die

Performance Standard

51

These are items of nature and are subject to homeowner

care and maintenance.

Builder Repair Responsibility

None, unless noted in writing at a preoccupancy inspection prior to move- in and

agreed to by builder that it would be taken care of.

7. Common Defect or Problem

Water appears on interior crawl space surfaces.

Performance Standard

Crawl spaces should be graded and drained properly to prevent water from

accumulating deeper than ¾ inch and larger than 36 inches in diameter in crawl

space area. Standing or ponding water shall not remain for extended periods after a

rain (generally, no more than 48 hours) except in surfaces that drain other areas

where sump pumps discharge. In these areas a longer period can be anticipated.

The possibility of standing water after an unusually heavy rainfall should be

anticipated by the owner.

Builder Repair Responsibility

The Builder will take the necessary corrective measures to create positive flow

within the crawl space to discharge to exterior of the structure.

52

Background

All hardware and lighting fixtures are finished products and care should be taken to protect

them, especially during painting and staining. Homeowner maintenance is required. The

homeowner should make sure not to use abrasive products (i.e. laquer thinner, solvents,

cleaners and cleaning solutions, etc.) to clean the hardware and light fixtures.

It should be understood that the natural chemicals in your body will cause a breakdown of

the finish in time. It should be understood that there will be color variations within

finishes.

Any hardware or light fixtures with a protective coating will gradually tarnish and

eventually take on an antique appearance. Atmospheric conditions, direct sunlight, caustic

agents such as cleaners, or scratches from contact with sharp objects may cause the

protective coating to crack or peel, exposing the natural material, causing spotting and

discoloration. The integrity of the surface under such conditions of exposure is not

warranted. Initial care for these products requires only periodic cleaning with mild nonabrasive

soap and light buffing with a soft cloth.

Regarding breakage of glass in light fixtures, it should noted that such breakage is the

responsibility of the manufacturer only until acceptance of delivery. Upon delivery, it is

the owner’s responsibility.

1. Common Defect or Problem

Finish on hardware or lighting fixture wears off.

Performance Standard

If the defect is caused by products such as lacquer, stain or varnish that was

applied by the builder’s subcontractor, the builder would be responsible for

correcting.

Builder Repair Responsibility

If the defect was caused by the builder’s subcontractor, the builder is to replace or

repair. If due to natural causes or negligence on the part of the homeowner, the

builder would not be respons ible.

2. Common Defect or Problem

53

Locks do not work.

Performance Standard

All locks must work.

Builder Repair Responsibility

Builder to view lock to verify if it was installed properly. A faulty lock is covered by

the manufacturer’s one-year warranty. Builder is responsible for installation.

3. Common Defect or Problem

Lights or fans do not work.

Performance Standard

Wiring to fixture must be operative.

Builder Repair Responsibility

Builder is to repair defective wiring to lights and fans. If it is found that the fixture is

inoperative, it would fall under a manufacturer’s warranty. If the fixture was owner

supplied, the owner will be responsible for the cost of the service call.

54

Background

The heating and cooling systems are specified by code, with the equipment selection (size

and capacity) being dependent upon the size of the home, outside design temperatures, and

anticipated heat loss due to the home design. It should be noted that temperatures in the

home may vary due to wind direction, windows, doors, etc. If parts of the home are colder

than others, running the blower of the furnace constantly may help.

Cleaning of furnace filters is a homeowner’s responsibility.

1. Common Defect or Problem

Noisy ductwork.

Performance Standard

When metal is heated it expands and when cooled it contracts. The result is

“ticking” or “crackling” which is generally to be expected and shall be considered

acceptable.

Builder Repair Responsibility

Installation to comply with codes.

2. Common Defect or Problem

Oilcanning.

Performance Standard

The stiffening of the ductwork and the gauge of the metal used shall be such that

ducts do not “oilcan”. The booming noise caused by “oilcanning” is not acceptable.

Builder Repair Responsibility

Builder will correct to eliminate this sound.

3. Common Defect or Problem

Furnace not placed as per plan.

Performance Standard

55

Due to heating design, venting and layout, the furnace location is to be determined by

a heating contractor.

Builder Repair Responsibility

None.

4. Common Defect or Problem

Inadequate heating.

Performance Standard

Heating system shall be capable of producing an inside temperature of 70 degrees, as

measured in the center of each room at a height of 5 feet above the floor, under

local outdoor winter design conditions of –10 degree specified in ASHRAE

handbook. Federal, state, or local energy codes shall supersede this standard where

such codes have been locally adopted.

Builder Repair Responsibility

Builder will correct heating system to provide the required temperatures. However,

the homeowner shall be responsible for balancing dampers, registers and other minor

adjustments.

Builder shall not be responsible when installation follows guidelines of special rate

Programs offered by utility companies if utility standards are lower than

manufacturers recommendations.

Common Defect or Problem

Inadequate cooling.

Performance Standard

Where air-conditioning is provided, the cooling system shall be capable of

maintaining a temperature of 78 degrees, as measured in the center of each room at a

height of 5 feet above the floor, under local outdoor summer design conditions as

specified in ASHRAE handbook. In the case of outside temperatures exceeding 95

degrees, a differential of 15 degrees from the outside temperature will be maintained

where there is excessive glass, this may not be attainable. Owner should be advised

on the use of shading in that area. Federal, state, or local energy codes shall

supersede this standard where such codes have been locally adopted.

Builder Repair Responsibility

Builder will correct system to meet temperature conditions, in accordance with

specifications. Builder shall not be responsible for changes when installation follows

56

guidelines of special rate programs offered by utility companies if utility standards

are lower than ma nufacturer’s recommendations.

6. Common Defect or Problem

Temperature in house is different than temperature set on the thermostat.

Performance Standard

If thermostat is properly calibrated according to equipment specs, temperature

should not differ more than 4 degrees.

Builder Repair Responsibility

Builder to repair if there is a difference of more than 4 degrees.

Common Defect or Problem

Kitchen or hood fan lets cold air into home.

Performance Standard

All exhaust fans should ha ve dampers, but drafts may develop during cold or windy

weather. Because code requires boring through the outside wall, there also may be

some condensation.

Builder Repair Responsibility

None. Owner should check to make sure damper operates and notify builder to repair

if it does not operate.

8. Common Defect or Problem

Moisture runs back in at bath vent fan.

Performance Standard

See #11.

Builder Repair Responsibility

See #11.

9. Common Defect or Problem

Furnace is noisy.

Performance Standard

57

New furnaces are noisier due to design and blower size.

Builder Repair Responsibility

Builder to have manufacturer’s representative determine if noise is excessive.

10. Common Defect or Problem

Condensatio n lines clog up.

Performance Standard

Condensation lines may clog eventually under normal use. This is a homeowner

maintenance item. Builder shall provide unobstructed condensation lines at time of

first occupancy.

Builder Repair Responsibility

None if installed properly. Builder shall provide unobstructed condensation lines at

time of first occupancy.

11. Common Defect or Problem

Excessive humidity in home.

Performance Standard

See Moisture Standards.

17. Common Defect or Problem

Settling of air conditioning slab.

Performance Standard

Owner is required to maintain a proper slope and fill in dirt underneath slab.

Builder Repair Responsibility

Builder shall level within the first year.

58

Background

Insulating is the process by which a fire resistant material is installed at the perimeter or

outer envelope of the structure to act as a barrier - to create a resistance to heat flow. This

produces a more controlled interior comfort climate and conserves energy. The primary

characteristic that is desired in an insulating material is the ability to trap a gas to increase

the resistance to heat flow. Physically, the efficiency of the insulating material increases as

either the bulk of the air entrapped is increased or the movement of the gas is decreased

within a given volume of insulating material.

The measurement of insulating effectiveness is called “resistance to heat flow” and is

expressed as “R Value”. Each manufacturer is required to label his materials with its

resistance to heat flow at 75 degrees mean temperature (R Value). R Value is a number

rating system. As R increases, the overall effectiveness of the insulating material increases.

Caution – Insulation may not cover an entire surface. Its R Value must be averaged with

other assembly material to give a true total average R value.

Minimum R value are established by the State Energy Code.

The commonly used fiberous insulating materials are mineral wool, fiberglass and

cellulose. These materials are selected for their large ration of surface area to mass of the

material in order to better entrap air. The normal form of the insulating material is either

the blown loose material, as is most often used in the ceiling, or the batt form. Other forms

are rigid materials such as polyurethane or polystyrene, which are usually supplied in panel

form or are sprayed in their application.

Air infiltration can be further minimized by the installation of weatherstripping and

caulking. Both require owner maintenance throughout the life of the home. Some

infiltration will occur under certain temperature and wind conditions.

The system of electric boxes and wiring on exterior walls produces an air flow passage

whereby the cold or outside air can be drawn through the outlet into the room under most

heating conditions, since the outside of the home is at a higher pressure than the inside.

Also, venting for fans will produce some air flowage. With acceptable building practices,

this situation is virtually unpreventable, as are certain other situations resulting from many

openings that do not exist in the home under normal construction.

Moisture in insulation causes it to lose its insulating value. Therefore, vapor barriers are

put on the inside to keep moisture from entering into the walls and ceilings. It is also

59

important to properly vent the attic to create airflow. This can be accomplished with roof

vents, gable louvers, ridge vents and soffit vents. Cathedral ceiling areas, where there is no

attic, requires proper ventilation. Year round ventilation is necessary.

Insulation and ventilation performance standards in some locations are specified by Code.

You may wish to refer to the Moisture Standard for additional information.

With the above background on the insulation material in mind, the following are the most

common problems occurring in the area of insulation:

1. Common Defect or Problem

Pipes freeze.

Performance Standard

Drain, waste and vent, and water pipes shall be adequately protected, as required by

applicable code, during normally anticipated cold weather, and as defined in

accordance with ASHRAE design temperatures, to prevent freezing.

Builder Repair Responsibility

Builder will correct situations not meeting the code. It is the homeowner’s

responsibility to drain or otherwise protect lines and exterior faucets and hose bibs

(even if they have an anti-siphon valve attached) exposed to freezing temperatures.

2. Common Defect or Problem

Moisture condensation on windows.

Performance Standard

Moisture condenses on the window since it is the coldest object in any given room

with the glass having a much higher rate of heat transmission and hence, being the

colder surface during the normal heating season. Moisture condensation on

windows is an indication of either too much moisture in the room, or poor

circulation of the moisture that is present. The owner can minimize this condition

by merely opening a window to permit the excess moisture to escape or by

installing a dehumidifying system if the condition persists. It should be noted that

in homes with humidification equipment, the formation of moisture on the windows

is an indication that the humidifying equipment is set too high and producing too

much moisture. It is also recommended that screens be removed from casement

windows during the heating season.

Builder Repair Responsibility

None, except to explain to the owner more thoroughly how this condition is caused.

60

3. Common Defect or Problem

Drafts at baseboards.

Performance Standard