Discovered Possible Code Violation - Bathroom Renov - Big Mess?

Question

Hi All!

New to investing, I bought a triplex last year in Boston (Jamaica Plain).

I’m scared that I bought a property that’s going to be a financial mess. Bathrooms need to be renovated, but I’m hesitant to move forward.

I have outlined my concerns below, any help from the community would be amazing!

- I want to renovate the bathrooms, but I’m concerned there are existing code violations. No windows that open (only frosted blocks for light) and the only heat source is from the ceiling light/vent/heat combo. I’m unsure if the heat/ventilation are enough to meet code. Tenants are happy and no complaints.

If I take out permits to have the bathroom renovated will the entire bathroom need to be brought up to code? If I get a permit to replace the tile and the bathtub will the inspector also inspect ventilation and heat? I’m also nervous that while they are at the property they will insist on looking around the building and might spot additional code violations?

- Possible code violations:
- The basement is attached to first floor apartment and has a staircase that might not meet code requirements. The 2 bedrooms down there have windows that are smaller than code requires, the bedrooms do not meet code. Would I be forced to end their lease or pay for new their housing if 2 of the 4 bedrooms are not to code and legal bedrooms?

I want to update this property, but I’m scared there are violations I might not yet be aware of and if an inspector comes in I’m going to be forced to make a lot of updates that I’m not financially prepared for so soon.

Overall it’s a nice property, tenants are happy.

Any advice would be a big help!

-

Bruce Woodruff · Answer

Some inspectors will want to see the new vapor barrier.....

I agree if you can save the tub, do it. Big PITA to get one of those old ones out.

Bruce Woodruff · Answer

It really depends on the Inspector/City/Building Dept.

If you pull a permit to remodel a bathroom though, that entire bathroom will have to be up to current code, no two ways about that. You are fine with no window, since you have a ventilation source.

A narrow staircase could be caught, once again depending on the inspector. That can be considered a safety issue. But I think you're ok, that inspector would have to be having a real bad day. But it has happened to me so.......

I think @Ryan Normand is correct - you'll be fine!

Bruce Woodruff · Answer

Yep. They usually mean just sticking kitchen backsplash tiles onto the sheetrock or something easy like that. I can see the reason for the vapor barrier inspection,,,

Kenneth Garrett · Answer

@Bruce Woodruff

That is correct some inspectors want to see the vapor barrier, although tiling is one of the exempt items requiring a permit from the IRC, but that doesn’t stop an inspector from requiring it anyway.  Below is item 6 from the IRC of exempt items from permit.

• 
• 6.Painting, papering, tiling, carpeting, cabinets, counter tops and similar finish work.

Kenneth Garrett · Answer

@Kristen Schaefer

If you are only replacing tile no permit is required.  I never replace tubs unless there damaged beyond repair.  If you can refinish the tub then no permit is required.  An old house will not meet building codes per todays standard.  Make sure you are required to get a permit.  If you remove the tub, which is a total pain yes, you will need a permit.

Bruce Woodruff · Answer

That can be true. But they also do not expect you to fix every little thing in an old house, there is an 'As-Is' mindset for some of this. But the stairs would give me some pause......

I have narrow, steep stairs in one of my places and during the inspection for the STR permit, I asked about them (with bated breath :-). The inspector said naw they didn't care, they'd been there for 70 years after all. So it will vary....

If the OP is concerned about the stairs, I would go into the city and ask about old stairs - without giving an address. See what they say....

Chris Seveney · Answer

@Kristen Schaefer

The bigger issue is if you know of existing code violations (which you state) and god forbid something were to happen, you could be personally negligent. So whether or not the inspector picks up issues if you know if issues like illegal bedrooms and illegal stairs get them up to code asap.

Ryan Normand · Answer

There's a lot to unpack here, but first... Deep breaths... you are going to be fine.

Generally speaking the inspector will limit their scope to whatever is on the permit. If it's a bathroom remodel, they're only going to look at the bathroom. Most houses, especially older ones, are going to have some code violations if you look hard enough. It doesn't make sense for the inspector to open that can of worms on a routine inspection unless there's something that's a clear and present danger to the occupants (like the roof is about to cave in). Based on the issues you described, I don't think you have anything to worry about.

Second - you were worried about the ventilation in the bathroom. Per the IRC, bathrooms need ventilation via an operable window OR an exhaust fan vented to the outside. You said they already have exhaust fans. This means they do not need an operable window.

I would get in touch with a couple contractors in your area and get bids on the job. They'll be able to give you a better idea of how strict permits and inspections are in your area. I think this will put a lot of your concerns at ease.

Discovered Possible Code Violation - Bathroom Renov - Big Mess?

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