Who cares about the water heater?
Published October 29th, 2009 in Your Home, Sellers, Buyers. by Marian Bennett, Coldwell Banker Tags: compliance, earthquake safety, water heater.You do. We buy and sell homes in earthquake country. We’re used to it and we advise sellers and buyers of their rights and obligations to protect themselves here. Thank goodness we’re not dealing with tornadoes…I’ve lived in Michigan! I’m going to break it down a little here for you. Pay attention to compliance disclosures at a point of sale - here’s an example…
California Health and Safety Code 19211.
(b) The seller of any real property containing a water heater shall certify to the prospective purchaser that this section has been complied with. This certification shall be made in writing, and may be included in existing transactional documents, including, but not limited to, the Homeowner’s Guide to Earthquake Safety published pursuant to Section 10149 of the Business and Professions Code, a real estate sales contract or receipt for deposit, or a transfer disclosure statement pursuant to Section 1102.6 or 1102.6a of the Civil Code.
Two disclosures related to earthquake safety are the Residential Earthquake Hazards Report questionnaire and the Natural Hazard Disclosure Statement. Local purchase contracts (Item 4C on C.A.R. and Item 9 on PRDS) specify that the seller provide property disclosures that include environmental, natural hazard, earthquake and other compliance statements for the protection of both parties.
The Earthquake Hazards Report Form is included in the Homeowner’s Guide to Earthquake Safety booklet given to the buyer with their disclosure package. The seller has checked off the boxes and signed it. The seller will want to check to make sure he is in compliance and the Realtor will want to make sure they’re handing out the most current version of the booklet.
The Natural Hazard Disclosure Statement and Report is compiled by a third party company. This report tells the buyer some important things about the house they are considering - such as whether the property is located in an Earthquake Fault Zone, a Seismic Hazard Zone for landslides, or a Seismic Hazard Zone for liquefaction. It will also tell you what it means to be in these locations.
In addition to these seller disclosures, the buyer is advised to get a home inspection. The home inspector will discuss areas of the property that may be seismically unsafe and warrant further inspection by a specialist - two common discussion points are the foundation and water heater. Most seller homes that I see have their water heaters strapped, however there are more than you would think that have them strapped improperly, as pointed out by home inspectors.
As an example, I stopped in Oceanshore Hardware on Tuesday to check on their water heater strapping kits for this post. As I discussed the confusion that we sometimes experience between sellers and buyers, the owner, Larry Hassett, agreed that there is a “disconnect”. A seller will honestly believe the water heater is strapped properly and a buyer will ask that it be strapped to be in compliance before they take possession. A good listing agent will get it done pronto because it protects their client!
Back at the hardware store, Larry also pointed out that the marketing on the packages may be misleading when it comes to resale homes (water heater already installed). So he graciously took the time to open the package… sure enough, there was a plastic “block” allowing the company to advertise “California compliant”, but as he points out and as I’ve seen firsthand, what’s in the package may not be the right piece for your house. Bring in a plumber or contractor to have it assessed and sleep at night knowing at least your water heater isn’t going anywhere when the rumbling starts.
Water Heater bracing general instructions
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