Expert: Hans Weber, Licensed Broker Associate - 1/15/2008

Question
My husband and I put a deposit down for a new construction in Brooklyn, NY.
Once the construction was complete our inspector found the exhaust pipe
emitting carbon monoxide to be too close to windows and doorways. And the
sellers are fighting us on the issue. Is there anyone we can contact to get a
definitive answer about this issue?

Answer
Dear C.M.

Thank you for your question.

When housing is built new or expanded or altered it needs to be built to existing written municipal building codes.  If it is not built to the existing code a certificate of occupancy is not issued.  Then, in the case of this new construction, the house probably can't be sold.  Not only will the municipality want the certificate of occupancy, so too will the lending bank.  With out the C/O, no money from the bank.

You should check with the local building department.  Speak to the building inspector and ask about the positionaing of the exhaust pipe.  Since it is new constructuion, they should have a file on hand and be able to go over it with you.  If they say it is built to code then the builder is correct and nothing needs to be done unless you would want to pay for it.  If it is not to code then the builder will have to make it to code at his expense.

I hope this answers your question.

Let me know what happens.

Hans