new york real estate for brokers, 5 th e

© 2013 All rights reserved.Chapter 6.1 Construction 1

New York Real Estate for Brokers, 5th e

By Marcia Darvin SpadaCengage Learning


Chapter 6

Construction and DevelopmentPart I: Construction


Chapter 6 Key TermsAmperageArea varianceArticle 9-A of the

Real Property LawBlueprintBuilding codeBuilding permitBuilding

specificationsCertificate of

occupancy (CO)Circuit breakers

Completion bondCondemnationCumulative zoningDefectDue diligenceEavesEminent domainExclusive-use zoningFlashingFooting Joist


Chapter 6 Key Terms (continued)

OutlotsPercolationPitch Platform constructionPolice powerProperty condition

disclosure (PCD)RaftersRegulatory takingSheathingSill plate

Slab-on-grade foundation

Special-use permitSpot zoningSteep slopeSubdivisionSubdivision

regulationsUse varianceWattsWetlandsZoning ordinance


The Basic Parts of a House


Foundation and Footings


Slab-on-grade construction


Structure Framing

© 2013 All rights reserved.

A Non-Load Bearing Wall

Chapter 6.1 Construction 9


Placement of the Header within the Frame



Ceiling and Roof Framing Roof truss system-

truss carries the load-bearing function of the outer walls

Rafters- wooden framing

members that form the gables of the roof



Exterior Covering



Electrical Systems

ElectricityFlow of electrons

ConductorsWires

VoltagePressure through

wires

AmperageAmount of current

OhmUnit of electrical

resistance

InsulatorPrevents shock

TransformerReduces voltage


Above Ground and Underground Service


Main Panel Board

Branch circuit wiring

Main disconnect

Circuit breakers or fuses

Bus bars

Grounding

Subpanels

Main panel board


Main Panel Board with Circuit Breakers


Wiring Materials

Aluminum

Greenfield(flexible conduit)

Conduit

RomexCable

BX Cable

Copper

Wiring Materials


Junction Boxes and Outlets

Junction Box Contains wiring and

used for space for electrical connections

Outlet Point on wiring

system where current is taken to supply equipment

Receptacle Connected to

branch circuit wires that supply current to equipment

Switches Open and close

electrical circuits


Ground Fault Circuit Interrupter

Crawl spacesSwimming poolsUnfinished basementsWorkshopsWet barsGaragesKitchensOutdoorsBathroomsGFCI shuts circuit


American’s with Disabilities ActProtects the rights of individuals with

disabilities

Disability is defined in USC 42, Sec. 12101, as a physical or mental impairment that substantially limits one or more of a person’s major life activities

Covers public accommodations and multi-family residences



Comprehensive Response, Compensation and Liability Act (CERCLA)

Identify sites containing hazardous substances

Superfund Amendment expands Act

Liability may be passed to new owners

Due diligence reviews conducted to avoid liability to new owner in title transfer


NY Standards, Laws, and RegulationsNYS Uniform Fire Prevention and

Building CodeNYS Energy CodeWarranties on Sales of New HomesCarbon Monoxide and Smoke

DetectorsNYS Article 9-ANYS Environmental Conservation LawHome Improvement ContractsNYS Human Rights Law



Water SupplyWater Quality

Standards

Must meet federal and state standards

NYS Department of Health


New York’s Public Water Supply System


Water Quality and Flow Issues

Public or private Water safety-bacteria, mineral content

Testing and remediation Laboratory tests performed for well water


Private Water Supply SystemsA well utilizes groundwater

State and local department of health guidelines

Well water quality and flow contingency contracts

Well water samples can be tested


A home’s layout pattern with well water and septic system


Building Departments

Sends Building

InspectorsOn-Site

Sends Building

InspectorsOn-Site

Oversees Building

CodeCompliance

Oversees Building

CodeCompliance

Provides Certificate

Of Occupancy

Provides Certificate

Of Occupancy

Provides Building Permits

Provides Building Permits

FunctionsFunctions



Zoning

Zoning classi-

fications

Zoning permit

Cluster zoning

Incentivezoning

Transfer of

develop-mentrights

Zoning ordinance


Historic Preservation/Landmark Commission Recommends adoption of ordinances Preserving historical districts,

landmarks, and historic sites

Reviewing and approving applications for construction, alteration, demolition, or relocation of a historic property or object

Recognizing subdistricts within a preservation district



Police Power

Federal, state, and

local government

power to legislate

for the public good

Zoning ordinances are an example of police power


Examples of Government’s Police Power

Power Defined

Eminentdomain

Take property for public good; just compensation

Escheat Gov’t can take property if owner dies w/o heirs

Taxation Lien on real property


The NYS Uniform Fire Prevention and Building Code

Municipality enforces

code

Constructionpermit

Enforced bylocal

building depts.

Certificate of

Occupancy


Seller Property Condition Disclosure

Presented before buyer signs contractof sale

May help protect

licensees from liability

$500 credit fromSeller to buyer if not completed

Presented to buyer

CompletedBy Seller

DisclosureStatement


Lead

Drinkingwater

Drinkingwater

Soil and dust

Soil and dust

PaintPaint


The Residential Leadbased Paint Hazard Reduction Act

Federal lawPre-1978

residential properties

Disclosure of leadbased paint if known

Disclosure by seller, lessors, their agents

Up to $10,000 fine for noncompliance


Testing for Lead in Water and Paint

Lab will test paint chipLead testing swabs for solder, soil,

paint and dustLead in water-lab tested sample

Best to leave paint in place if in good condition and not disturbed by children

new york real estate for brokers, 5 th e

Documents