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© 2013 All rights reserved.Chapter 6.1 Construction 1
New York Real Estate for Brokers, 5th e
By Marcia Darvin SpadaCengage Learning
© 2013 All rights reserved.Chapter 6.1 Construction 2
Chapter 6
Construction and DevelopmentPart I: Construction
© 2013 All rights reserved.Chapter 6.1 Construction 3
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
© 2013 All rights reserved.Chapter 6.1 Construction 4
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
© 2013 All rights reserved.
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
Chapter 6.1 Construction 11
© 2013 All rights reserved.Chapter 6.1 Construction 13
Electrical Systems
ElectricityFlow of electrons
ConductorsWires
VoltagePressure through
wires
AmperageAmount of current
OhmUnit of electrical
resistance
InsulatorPrevents shock
TransformerReduces voltage
© 2013 All rights reserved.Chapter 6.1 Construction 15
Main Panel Board
Branch circuit wiring
Main disconnect
Circuit breakers or fuses
Bus bars
Grounding
Subpanels
Main panel board
© 2013 All rights reserved.Chapter 6.1 Construction 17
Wiring Materials
Aluminum
Greenfield(flexible conduit)
Conduit
RomexCable
BX Cable
Copper
Wiring Materials
© 2013 All rights reserved.Chapter 6.1 Construction 18
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
© 2013 All rights reserved.Chapter 6.1 Construction 19
Ground Fault Circuit Interrupter
Crawl spacesSwimming poolsUnfinished basementsWorkshopsWet barsGaragesKitchensOutdoorsBathroomsGFCI shuts circuit
© 2013 All rights reserved.
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
Chapter 6.1 Construction 20
© 2013 All rights reserved.Chapter 6.1 Construction 21
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
© 2013 All rights reserved.
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
Chapter 6.1 Construction 22
© 2013 All rights reserved.Chapter 6.1 Construction 23
Water SupplyWater Quality
Standards
Must meet federal and state standards
NYS Department of Health
© 2013 All rights reserved.Chapter 6.1 Construction 25
Water Quality and Flow Issues
Public or private Water safety-bacteria, mineral content
Testing and remediation Laboratory tests performed for well water
© 2013 All rights reserved.Chapter 6.1 Construction 26
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
© 2013 All rights reserved.Chapter 6.1 Construction 27
A home’s layout pattern with well water and septic system
© 2013 All rights reserved.
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
Chapter 6.1 Construction 28
© 2013 All rights reserved.Chapter 6.1 Construction 29
Zoning
Zoning classi-
fications
Zoning permit
Cluster zoning
Incentivezoning
Transfer of
develop-mentrights
Zoning ordinance
© 2013 All rights reserved.
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
Chapter 6.1 Construction 30
© 2013 All rights reserved.Chapter 6.1 Construction 31
Police Power
Federal, state, and
local government
power to legislate
for the public good
Zoning ordinances are an example of police power
© 2013 All rights reserved.Chapter 6.1 Construction 32
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
© 2013 All rights reserved.Chapter 6.1 Construction 33
The NYS Uniform Fire Prevention and Building Code
Municipality enforces
code
Constructionpermit
Enforced bylocal
building depts.
Certificate of
Occupancy
© 2013 All rights reserved.Chapter 6.1 Construction 34
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
© 2013 All rights reserved.Chapter 6.1 Construction 35
Lead
Drinkingwater
Drinkingwater
Soil and dust
Soil and dust
PaintPaint
© 2013 All rights reserved.Chapter 6.1 Construction 36
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