Building & Health Codes
(Page 7 of 9)
July/August 1974
By the Mother Earth News editors
Health codes also regulate the construction of water facilities, particularly wells. Sanitary seals of concrete are required around the tops of wells to prevent seepage, and a coliform potability test is taken of all running water before it receives Health Department approval.
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ROAD ENCROACHMENT PERMITS
Some counties are touchy about how private roads encroach, or lead onto, a county road since these adjoining roads, if not constructed and maintained properly, could cause damage to public roads. Problems include automobiles tracking mud from a dirt road onto a paved county road, washouts of dirt roads causing cave-ins and other problems for county roads, and dirt washing down onto paved roads.
Some counties regulate the construction of private roads and require permits and fees before road construction of a dirt road that will encroach onto a public road can be commenced. The private owner is required to bring his road up to the standards of the public road at the point where the two roads meet. To do this the costs vary but often run up to $150-$200, which includes grading materials, culvert pipe, and labor. If you are required to construct a road to get onto your land you should figure this cost into the purchase price and adjust the figures accordingly. If there is a good road into the property you will pay for this "extra."
Check on all road and encroachment requirements by talking to the local Department of Public Works. Often they will have a special office for roads called the Road Division. Find out if the seller has obtained the proper permits for his road and if it meets current county standards.
WARRANTY THAT NO CODE VIOLATIONS EXIST
Your contract of sale should contain a clause which is a warranty by the seller that no codes are being violated by his use of the property or by the construction of any improvement on it. This warranty means that no building, health, road encroachment, zoning, or other codes are being violated and that all permits have been issued and fully paid for. The fact that the seller signs this warranty as part of the contract should not relieve you of going to the local departments to determine if the seller has met the required statutes and codes.
CONDITION THE PURCHASE ON YOUR ABILITY TO OBTAIN NECESSARY PERMITS
If you intend to build a house on the land you are buying, you should speak to all the various inspectors about the local codes and have them look at the land to determine if there will be any problems with the building site that could prevent the issuance of the necessary permits. You should know before you buy that you can put a road in, build a house, and have adequate site conditions for sewage disposal. If there is any doubt about your ability to obtain a permit, you should specify the type of permit being sought as a condition of the execution of your contract. If you cannot get approval by the close of escrow, you can terminate the purchase and have your money returned or postpone the close of escrow. You must make a reasonable attempt to obtain the permit by submitting appropriate forms.
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