Condo Code Dilemma

[jjsprouts]

I've been put on hold for a potential job as a seller and buyer are having a trouble figuring out who is going to pay the bill.

The buyer is purchasing a condo in a 60 unit building in Boston. The unit currently has 60-amp service, all two-prong sockets and no GFI near water (kitchen and bath). The buyer is claiming that this is not to code and is asking the seller to upgrade to 100-amp service, three-prong, and get GFI near water.

The seller on the other hand claims that this is not a code violation. They are saying that since the building is up to the code as it was in 1963 (when the building was built) that none of these upgrades are their responsiblity.

The easy question is does this unit need to be brought up to current code or can it skirt by on 1963 code? Could someone kindly point me to where I could find whatever part of the code supports this so I can point these folks in the right direction and get to work?

 

[Bob NH]

Why isn't that a City of Boston issue to decide? If the city allows occupancy, it seems like the buyer has no case.

 

[dcl34769]

406.3 General Installation Requirements.

(D) Replacements. Replacement of receptacles shall comply with 406.3(D)(1), (2), and (3) as applicable.
(1) Grounding-Type Receptacles. Where a grounding means exists in the receptacle enclosure or a grounding conductor is installed in accordance with 250.130(C), grounding-type receptacles shall be used and shall be connected to the grounding conductor in accordance with 406.3(C) or 250.130(C).
(2) Ground-Fault Circuit Interrupters. Ground-fault circuit-interrupter protected receptacles shall be provided where replacements are made at receptacle outlets that are required to be so protected elsewhere in this Code.
(3) Nongrounding-Type Receptacles. Where grounding means does not exist in the receptacle enclosure, the installation shall comply with (a), (b), or (c).
(a) A nongrounding-type receptacle(s) shall be permitted to be replaced with another nongrounding-type receptacle(s).
(b) A nongrounding-type receptacle(s) shall be permitted to be replaced with a ground-fault circuit interrupter-type of receptacle(s). These receptacles shall be marked ?No Equipment Ground.? An equipment grounding conductor shall not be connected from the ground-fault circuit-interrupter-type receptacle to any outlet supplied from the ground-fault circuit-interrupter receptacle.
(c) A nongrounding-type receptacle(s) shall be permitted to be replaced with a grounding-type receptacle(s) where supplied through a ground-fault circuit interrupter. Grounding-type receptacles supplied through the ground-fault circuit interrupter shall be marked ?GFCI Protected? and ?No Equipment Ground.? An equipment grounding conductor shall not be connected between the grounding-type receptacles.

does this help?

 

[infinity]

There is no requirement to upgrade to the present code at the time of sale. The buyer is wrong. If the dwelling was code compliant when built there is no NEC requirement to do anything. Sounds like the buyer is just trying to squeeze the cost of upgrading an older dwelling out of the seller. The dwelling is "as is", the buyer should know this.

 

[Glenn Anderson]

Some local townships before issueing a CCO to the buyer will insist on
GFCI's within 6 feet of sinks, smokes and CO dectecters, and even
anti siphon devices on hose bibs!
(Middletown, NJ)

 

[celtic]

The easy question is does this unit need to be brought up to current code or can it skirt by on 1963 code?

Could you imagine the sheer volume of "code work" that would need to be performed upon each and every sale of RE?

I wish that were the case ( $$$ for me ), but it simply isn't reasonable.

Could someone kindly point me to where I could find whatever part of the code supports this so I can point these folks in the right direction and get to work?

As others have stated, you will have to look to the city for guidance. They will tell what is required to be brought "up to code" upon transfer of ownership....
...who actually PAYS for the work is another story - the buyer, the seller, a 50/50 split, even the Real Estate agent!

 

[JohnE]

The condo can remain as is and be sold. However, some homeowner insurance companies have minimum requirements that might come into play.