Building Code Inspector Left His Card In The Door

Building Code Inspector Left His Card In The Door by Brian (NY, Long Island) on September 8, 2009 @15:32

I have an illegal basement apartment in the current house I am living in and came home the other day to find a business card in my door from the town's building code inspector.

Right now I don't have intentions on calling. There was no note or notice left with the card and I am driving myself crazy wondering what this person wanted so I have some questions maybe people can help answer.

Do I have to let the inspector in if he comes for a surprise visit again?

Am I better off calling him so if in fact he wants to inspect something I can prepare for it?

What makes a basement apartment illegal? Is it just the stove? Tenant is a friend so I could just remove the stove and make sure the exit to the house upstairs door is unlocked showing 2 ways of egress. There would still be a sink and refrigerator but who says you cant have a second sink and fridge in your house.

Any suggestions would be greatly appreciated, thanks!

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Re: Building Code Inspector Left His Card In The D by MassLL (MA) on September 8, 2009 @15:59

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I've been told that if you don't let them in, they have have to get a warrent. That's also on some legal web sites. I've also been told that if you make them do that (by not letting them in) they will be ANGRY.

When they're angry, they will get you bad. When you cooperate and are pleasant and respectful, they may let you off with a warning and x time correct. Depends on the inspector.

most probably. someone dropped a dime on you. If it was something visible from the street, they'd have just left you a ticket or warning.

For a unit to be legal each room has to have a window large enough for an adult to crawl out of (in an emergency, not sure if this is true of bathrooms). Plus your neighborhood might not be zoned for multiple families.

There is a long discussion of what makes a unit legal on the next page entitled, "Improperly Zoned by Tom (Florida)". You may have to take the door off and the stove out.

But call the guy. He's not going to go away until you do.

Re: Building Code Inspector Left His Card In The Door by K (FL) on September 8, 2009 @17:42	[ Reply ]

You watch that show on HGTV? Income Property? It's Canada laws but they have to have ceilings at a certain height, firewalls and firedoors separating the basements from the house, zoning, was your electrical and plumbing done with a permit? Otherwise it all has to be inspected. As in, walls taken down. Things can get ugly fast. Google whats legal where you are and see what changes you're going to have to make. Quick. He's not going away.

Re: Building Code Inspector Left His Card In The D by Mr. Wong on September 8, 2009 @18:14	[ Reply ]

Why you not call inspector. See what problem.

Re: Building Code Inspector Left His Card In The Door by Anonymous on September 8, 2009 @18:17	[ Reply ]

I don't know the specifics of laws for your areas. The basics that are usually in placd for every area inclulde: a stove would absolutely not be allowed; there needs to be an egress as another person described from each living space room (bedroom, living room); ceiling definately have to be a certian height(which is what makes a lot of basement places illegal because they are usually slighly too low to be deemed living space); and your land needs to be zoned to allow a 2 family unit. Certinally you should take out the stove and store it off the property (inspector is gonna realize if you have a random extra stove in your garage or other place). If you have a door between your house and the apt either take the door down or change the door handle so it cannot be locked. If you do that, you may be able to claim the person downstairs is just renting those 2 rooms and has free access to the house. You may be able to claim you are a "family" as seen by the law and it would get around a zoning problem. Can't do anything if there are the legal egresses or legal ceiling height. Also, as someone else said all the wiring,plumbing, etc may need to be inspected if it was not done when installed. If there was no note left I may not call the person back. I may just wait for them to come again, but you definatley don't want to piss off inspectors to make your life hell.

Re: Building Code Inspector Left His Card In The Door by Jack Klein Devoted LPA Member (NY) on September 8, 2009 @20:56

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I am also on LI.
You DO NOT have to let them in.
Yes it's true they have to get a warrant to be able to get in.
In reality, they are not going to get a warrant to get into your home. It is way too much trouble.
The inspector will try a few times and probably go away.

The worst thing to do is let him in because he will then have proof of the illegal basement apt. and fine you and make you take out the apartment.

If you have tenants, make sure they do not let anyone in.

Also post a NO TRESSPASSING sign on the property. That applies to building inspectors too.

Re: Building Code Inspector Left His Card In The Door by Anonymous on September 8, 2009 @22:59	[ Reply ]

What business card? Must have blown away in the wind. Never saw it.

Re: Building Code Inspector Left His Card In The D by RestlessKnight (NJ) on September 8, 2009 @23:11	[ Reply ]

Even if it were legal, I think you need to remove the upstairs door lock, unless the basement side locks out the upstairs.

Re: Building Code Inspector Left His Card In The Door by Michelle (Long Island NY) on June 4, 2013 @10:10	[ Reply ]

Just had this happen to me. Curious, what was the outcome. Did you let him in or not. My attorney told me to not let him in and refer him attorneys office.

Re: Building Code Inspector Left His Card In The Door

Building Code Inspector Left His Card In The Door - Landlord Forum thread 186564