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R.I. Government Agencies | Privacy Policy |
(a) The following performance standards set minimum standards which prescribe the level for quality of materials and performances in workmanship for the construction or alteration of residential structures of from 1 through 4 dwelling units. This division shall establish the performance of levels of qualified workmanship in regard to the evaluation of "negligent work" or "improper work" as cited G.L. 5-65-11, types of allowable claims:
1. To the extent that detailed minimum performance standards for construction have not been enumerated in these Performance Standards, contractors shall construct homes in accordance with good industry practice which assures quality of materials and workmanship. Likewise, the validity of any home buyer's claims for defects for which a standard has not been enumerated here, shall be determined on the basis of good industry practice which assures quality of materials and workmanship, and any conciliation of arbitration of such claims shall be conducted accordingly.
2. The Performance Standards list specific items with each separate area of coverage.
Rules concerning site work are as follows:
a. Possible deficiency: Settling of ground around foundation, utility trenches, or other areas on the property where excavation and back fill have taken place that affect drainage away from the house.
(1) Performance Standard: Settling of ground around foundations, walls, utility trenches, or other filled areas which exceeds a maximum of six inches from the finished grade established by the contractor.
a. Possible deficiency: Improper grades and swales which cause standing water and affects the drainage in the immediate area surrounding the home.
(1) Performance Standard: Necessary grades and swales shall be established to provide proper drainage away from the house. Site drainage under this standard is limited to those immediate grades and swales surrounding the home. Standing or ponding water within the immediate surrounding area of the home shall not remain for a period longer than 24 hours after a rain. Where swales are draining from adjoining properties or where a sump pump discharges, an extended period of 48 hours is to be allowed for the water to dissipate. The possibility of standing water after an unusually heavy rainfall should be anticipated and it is not to be considered a deficiency. No grading determination is to be made while there is frost or snow or when the ground is saturated.
(2) Exclusion: Standing or ponding water on the property which does not directly affect the immediate area surrounding the foundation of the home, caused by unusual grade conditions, retainage of treed areas, or sodding done by the homeowner is not considered a defect.
(3) Owner Responsibility: The owner is responsible for maintaining such grades and swales once properly established by the contractor to prevent runoffs and erosion of the soil.
(4) Exclusion: Soil erosion and runoff caused by failure of the owner to maintain the properly established grades, drainage structures and swales, stabilized soil, sodded, seeded, and landscaped areas.
(b) Possible Deficiency: Grassed or landscaped areas which are disturbed or damaged due to work on the property in correcting a deficiency.
(1) Performance Standard: Landscaped areas which are disturbed during repair work is a defect.
(2) Exclusion: Replacement of trees and large bushes which existed at the time the house was constructed or those added by the owner after occupancy or those which subsequently die are excluded.
Rules concerning concrete are as follows, provided that the control joints or expansion joints have been installed as per industry standards:
a. Possible Deficiency: Basement or foundation wall cracks other than expansion or control joints.
(1) Performance Standard: Non-structural cracks are not unusual in concrete foundation walls. Cracks 1/8" in width or greater are considered excessive.
b. Possible Deficiency: Cracking of basement floor.
(1) Performance Standard: Minor cracks in concrete basement floors are common, provided that the control joints or expansion have been installed as industry standards. Cracks exceeding 1/4" in width or 1/4" in vertical displacement is a deficiency.
c. Possible Deficiency: Cracking of attached garage floor slab.
(1) Performance Standard: Cracks in garage floor slabs in excess of 1/2" in width or 1/4" in vertical displacement is a deficiency.
d. Possible Deficiency: Cracks in attached patio slab.
(1) Performance Standard: Cracks in excess of 1/4" in width or 1/4" in vertical displacement are defects. An "attached patio" is defined as a concrete patio slab on grade which is an integral part of the home being structurally supported by footings, block walls, or reinforced concrete and connected to the foundation.
(2) Exclusion: Patio slabs which are poured separately, and abut the house are excluded.
e. Possible Deficiency: Cracks in concrete slab-on grade floors, with finish flooring.
(1) Performance Standard: Cracks which rupture or significantly impair the appearance or performance of the finish flooring material, is a deficiency.
f. Possible Deficiency: Uneven concrete floor slabs.
(1) Performance Standard: Except for basement floors or where a floor or portion of a floor has been designed for specific drainage purposes, concrete floors in rooms designed for habitability shall not have pits, depressions or area of unevenness exceeding 1/4' in 32"'s or slopes in excess of 1/240 of room width or length (i.e.: 10.0 wide room not to exceed 1/2" out of level).
g. Possible Deficiency: Pitting scaling or spalling of concrete work.
(1) Performance Standard: Concrete surfaces shall not disintegrate to the extent that the aggregate is exposed and loosened under normal conditions of weathering use, unless determined by a certified testing agency provided by the claimant and/or respondent.
(2) Exclusion: Deterioration caused by salt, chemicals, or implements used, and other factors beyond the contractors control.
h. Possible Deficiency: Excessive powdering or chalking of concrete surfaces.
(1) Performance Standard: Excessive powdering or chalking of concrete surfaces is a deficiency, but should not be confused with normal surface dust that may accumulate for a short period after the home is occupied.
i. Possible Deficiency: Separation of brick or masonry edging from concrete slab and step.
(1) Performance Standard: It is common for the joint to crack between concrete and masonry due to the dissimilarity of the materials. Cracks in excess of 1/4" is a deficiency.
2. CONSTRUCTION AND CONTROL JOINTS:
a. Separation or movement of concrete slabs within the structure at construction and control joints.
(1) Performance Standard: None
(2) Exclusion: Concrete slabs within the structure are designed to move at construction and control joints and is not a deficiency.
(3) Homeowner Responsibility: Maintenance of joint material.
Rules Concerning Masonry Are As Follows:
1. UNIT MASONRY (BRICK, BLOCK, AND STONE):
a. Possible Deficiency: Cracks in non-bearing or non-supporting walls.
(1) Performance Standard: Small shrinkage cracks are not unusual running through masonry and mortar joints. Cracks in excess of 1/8" in width is a deficiency.
(2) Homeowner Responsibility: Materials to be cleaned according to appropriate industry standards.
b. Possible Deficiency: Cracks in bearing or supporting masonry walls.
(1) Performance Standard: Vertical or diagonal cracks which do not affect the structural ability of masonry bearing walls, are not unusual. Cracks in excess of 1/8" in width are a deficiency.
c. Possible Deficiency: Horizontal cracks in basement and foundation walls.
(1) Performance Standard: Horizontal cracks in the joints of masonry walls are not common but may occur. Cracks 1/8" or more in width are deficiencies.
d. Possible Deficiency: Cracks in masonry walls or veneer above grade.
(1) Performance Standard: Small cracks are common in mortar joints or masonry construction. Cracks 1/8" or greater in width are deficiencies.
e. Possible Deficiency: Cracking settling or heaving of stoops and steps.
(1) Performance Standard: Stoops and steps are not to settle or heave in excess of 1" in relation to the house structure. Cracks, except hairline cracks less than 1/8", are not acceptable in concrete stoops. A separation of up to 1/2" is permitted where the stoop or steps about the house or where an expansion strip has been installed.
f. Possible Deficiency: Standing water on stoop, steps, porches, and attached concrete patios.
(1) Performance Standard: Standing water is a deficiency if it is a hazard to individuals and/or causes damage to the home, or in cases where standing water exists due to settlement or heaving as defined under paragraph (d) 1.e above.
a. Possible Deficiency: Cracking or spalling of stucco and cement plaster.
(1) Performance Standard: Hairline cracks in stucco or cement plaster are common especially if applied directly to masonry back-up. Cracks greater than 1/8" in width or sailing of the finish surface is a deficiency.
NOTE: Contractor not responsible for failure to match color or texture, due to nature of material.
Rules concerning carpentry are as follows:
a. Possible Deficiency: Floors squeak, due to improper installation or loose subfloors.
(1) Performance Standard: A large area of floor squeak which is noticeable, loud, and objectionable is a defect.
(2) Exclusion: Squeak proof floors cannot be guaranteed, an isolated floor squeak is not a defect.
b. Possible Deficiency: Uneven wood framed floors.
(1) Performance Standard: Floors which are more than 1/4" out of level within any 32" measurement is a deficiency. Floor slope within any room which exceeds one-two hundreds fortieths of the room width or length is a deficiency (that is, 10' - 0" wide room - not to exceed 1/2" out of level).
(2) Contractor Responsibility: Correct or repair to meet the allowances of the above standard.
c. Possible Deficiency: Bowed stud walls or ceilings.
(1) Performance Standard: All interior and exterior frame walls or ceilings have slight variations on the finish surfaces. Bowing should not be visible so as to detract from the finished surface. Walls or ceilings which are bowed more than 1/4" within a 32" horizontal or vertical measurement are a deficiency.
d. Possible Deficiency: Wood frame walls out of plumb.
(1) Performance Standard: Wood frame walls which are out of plumb more than 3/4" in an 8' vertical measurement is a deficiency.
e. Possible Deficiency: Minor warping, checking or splitting or wood framing is common as the wood dries out, and its not considered a deficiency. A condition, which affects the integrity of the member or any applied surface material is a deficiency.
f. Possible Deficiency: Exterior sheathing and subflooring which delaminates or swells.
(1) Performance Standard: Sheathing and subflooring when properly installed for its intended use and delaminates or swells on the side a finish material has been applied, is a deficiency.
g. Condition: Ridging of roof plywood:
(1) Performance Standard: Roof plywood may ridge due to normal contraction and expansion. If ridging occurs, it may be noticeable through the roof shingles.
(2) Responsibility: None.
a. Possible Deficiency: Unsatisfactory quality of finished exterior trim and workmanship.
(1) Performance Standard: Joints between exterior trim elements, and siding, or masonry which are in excess of 3/8" is a deficiency. In all cases, the exterior trim abutting masonry and siding shall be capable of performing its function to exclude the elements.
b. Possible Deficiency: Unsatisfactory quality of finished interior trim and workmanship.
(1) Performance Standard: Joints between moldings and adjacent surfaces which exceed 1/8" in width is a defect.
(2) Contractor Responsibility: Repair defective joints and touch up finish coating, where required, to match as close as possible.
c. Possible Deficiency: Surface defects in finished woodwork and millwork such as checks, splits, and hammer marks.
(1) Performance Standard: Finished woodwork and millwork is to be smooth without surface marks. Finished surfaces which fall beyond the limits of the Quality Standards of the Architectural Woodwork Institute is a deficiency.
d. Possible Deficiency: Exposed nail heads in woodwork.
(1) Performance Standard: Material used to fill nail holes has a tendency to shrink and dry up after a period of time and is not considered a deficiency. Nail holes which have not been filled on finished painted woodwork is a deficiency.
(2) Exclusion: Nail holes do not have to be filled where the surface finish is not conducive or so designed to have nail holes filled because of the product.
e. Cabinet Deficiency:
(1) Greater than 1/16" between cabinets and greater than 1/8" joints at wall.
Rules concerning thermal and moisture protection are as follows:
a. Possible Deficiency: Leaks in basement or in foundation/crawlspace.
(1) Performance Standard: Leaks resulting in actual trickling of water through the walls or seeping through the floor are deficiencies.
(2) Exclusion: Leaks caused by landscaping improperly installed by the owner, or failure by owner to maintain proper grades are excluded. Dampness in basement and foundation walls or in concrete basement and crawlspace floors is often common to new construction and is not a deficiency.
b. Condition: Sump pump malfunction.
(1) Performance Standard: In the case of sump pump installation, sump water will be ejected by an approved method to on-site grades and swales.
(2) Responsibility: The contractor will correct malfunctions only during the one (1) year period. The contractor shall not be liable for any damage to persons or property resulting from or as a consequence to any flooding or accumulation of water in the basement due to a malfunction of the sump pump, a power outage, or any other cause. The homeowner must follow the normal maintenance requirements of the system for the warranty to be valid.
SUGGESTION: If your sump pump will not start, shake the pipe to rid the system of foreign debris before contacting the contractor.
a. Possible Deficiency: Insufficient insulation.
(1) Performance Standard: Insulation which is not installed around all habitable areas in accordance with established codes is a deficiency.
a. Possible Deficiency: Insufficient attic and crawlspace ventilation.
(1) Performance Standard: Attics and crawlspaces which are not properly vented causing moisture to accumulate resulting in damage to supporting members or insulation is a deficiency.
b. Possible Deficiency: Leaks due to snow or driven rain through louvers and vents.
(1) Performance Standard: Improperly installed louvers and vents that permit penetration of the elements under normal conditions is a deficiency.
(2) Exclusion: Properly installed louvers or vents may at times allow penetration of rain or snow under strong wind conditions and is not a deficiency.
a. Possible Deficiency: Delamination, splitting, joint separation or deterioration of exterior siding.
(1) Performance Standard: Exterior siding with joint separations or which delaminates, splits, or deteriorates is a deficiency.
b. Possible Deficiency: Loose or fallen siding.
(1) Performance Standard: All siding which is not installed properly so as not to come loose or fall off is a deficiency.
c. Condition: Expansion, contraction, and fading (vinyl and aluminum).
(1) Performance Standard: The siding on your new home has been installed according to accepted building practices and meets all quality requirements established by the siding industry. Siding will expand and contract during climate changes. The accepted tolerance level for expansion/contraction is 1/2" in a 12' distance. This siding shall be hung in accordance to industry standards to allow for proper expansion and contraction in order to reduce possibility of oil canning. Panels should be properly overlapped in order to avoid seams from opening (1/2" to 1 1/4"). Vinyl siding should never be faced nailed. Fading may occur due to the variety of light and elements. High gloss siding may reflect ripples.
(2) Responsibility: The contractor is responsible for siding application only. Contractor will repair or replace siding that has exceeded the tolerance level only during the one (1) year period.
NOTE: Repaired areas may not match in color and texture. The homeowner should contact the manufacturer directly for any other problems as the manufacturer warrant the product directly to the homeowner.
a. Possible Deficiency: Roof or flashing leaks.
(1) Performance Standard: Roof or flashing leaks that occur under normal weather conditions is a deficiency.
(2) Exclusion: Where cause is determined to result from severe weather conditions such as ice and snow build-up, high winds and driven rains.
b. Possible Deficiency: Lifted, curled or torn roof shingles.
(1) Performance Standard: Roof shingles which lift or curl during the first year of occupancy or tear loose during normal weather conditions is a deficiency.
c. Possible Deficiency: Standing water on built-up roofs.
(1) Performance Standard: A properly pitched built-up roof is to drain water except for minor ponding. Dead flat roofs will retain a certain amount of water. Excessive ponding of water which causes leaking of the built-up roof is a deficiency.
(2) Exclusion: Standing or ponding water is not considered a deficiency.
a. Possible Deficiency: Water or air leaks in exterior walls due to inadequate caulking.
(1) Performance Standard: Joints and cracks in exterior wall surfaces and around openings which are not properly caulked to exclude the entry of water or excessive drafts is a deficiency.
(2) Owner Responsibility: Maintain caulking once the condition is corrected.
a. Possible Deficiency: Gutters and downspouts leak.
(1) Performance Standard: Gutters and downspouts which leak is a deficiency. Gutters which are improperly pitched to drain water is a deficiency.
(2) Exclusion: Standing water in gutters is acceptable if it does not exceed 1" in depth.
(3) Owner Responsibility: Responsible to keep gutters and downspouts free from leaves and debris to prevent overflow.
Rules concerning doors and windows are as follows:
1. DOORS: INTERIOR AND EXTERIOR::
a. Possible Deficiency: Warpage of interior or exterior doors.
(1) Performance Standard: Interior and exterior doors that warp so as to prevent normal closing and fit is a deficiency. The maximum allowable warpage of an interior door is 1/4" when measured from top to bottom vertically or diagonally.
b. Possible Deficiency: Door binds against jam or head of door frame. Does not lock.
(1) Performance Standard: Passage doors that do not open and close freely without binding against the door frame is a deficiency. Lock bolt is to fit the keeper to maintain a closed position.
c. Possible Deficiency: Door panels shrink and expose bare wood.
(1) Performance Standard: None.
(2) Exclusion: Door panels will shrink due to the nature of the material, exposing bare wood at the edges and is not a deficiency.
d. Possible Deficiency: Door panels split.
(1) Performance Standard: Door panels that have split to allow light to be visible through the door is a deficiency.
e. Possible Deficiency: Bottom of doors rub on carpet surface.
(1) Performance Standard: Where it is understood by the contractor and homeowner that carpet is planned to be installed as a floor finish, whether by the contractor or homeowner, the bottom of the doors which rub or disturb the carpet is a deficiency.
(2) Exclusion: Where the carpet is selected by the homeowner having excessive high pile, the homeowner is responsible for any additional door undercutting.
f. Possible Deficiency: Excessive opening at the bottom of interior doors.
(1) Performance Standard: Passage doors from room to room that have an opening between the bottom of the door and the floor finish material in excess of 1 1/2" is a deficiency. Closet doors having an opening in excess of 2" is a deficiency.
2. GARAGE DOORS (ATTACHED GARAGE):
a. Possible Deficiency: Garage door fails to operate or fit properly.
(1) Performance Standard: Garage doors that do not operate and fit the door opening within the manufacturer's installation tolerances is a deficiency. Some entrance of the elements can be expected under heavy weather conditions and is not considered a deficiency.
(2) Exclusion: No adjustment is required when cause is determined to result from the owner's installation of an electric door opener.
3. WOOD, PLASTIC AND METAL WINDOWS:
a. Possible Deficiency: Malfunction of windows.
(1) Performance Standard: Windows which do not operate in conformance with manufacturers' design and installation standards is a deficiency.
b. Possible Deficiency: Double hung windows do not stay in place when open.
(1) Performance Standard: Double hung windows are permitted to move within 2" tolerance, up or down when put in an open position. Any excessive movement exceeding the tolerance is a deficiency.
c. Possible Deficiency: Condensation or frost on window frames and glass.
(1) Performance Standard: None.
(2) Exclusion: Window glass and frames will collect condensation on the frame and glass surface when humidity and temperature differences are present. Condensation is usually the result of temperature/humidity conditions in the home.
d. Condition: Air infiltration (windows and doors).
(1) Performance Standard: Some air infiltration is normal and may be noticed especially during high wind conditions.
(2) Responsibility: The contractor will correct this condition only if it is caused by ill-fitting windows, doors, and weather-stripping, and only during the one (1) year period. The homeowner may elect to install storm windows and doors to further alleviate this condition. The homeowner should consult with the manufacturers for proper material and installation.
a. Possible Deficiency: Hardware does not work properly, fails to lock, or perform its intended purpose.
(1) Performance Standard: All hardware installed on doors and windows which does not operate properly is a deficiency.
5. STORM DOORS, WINDOWS AND SCREENS::
a. Possible Deficiency: Storm doors and windows do not operate or fit properly.
(1) Performance Standard: Storm doors and windows when installed and do not operate or fit properly to provide the protection for which they are intended is considered a deficiency.
b. Possible Deficiency: Screen panels do not fit properly. Screen mesh is torn or damaged.
(1) Performance Standard: Rips or gouges in the screen mesh reported on a pre-closing walk through inspection report or openings between the screen panel and frame are deficiencies.
(2) Owner Responsibility: The owner shall be responsible to notify the contractor of the deficiency upon occupancy or within thirty (30) days if there was no pre-closing inspection.
6. WEATHER-STRIPPING AND SEALS:
a. Possible Deficiency: Drafts around doors and windows.
(1) Performance Standard: Weather-stripping is required on all doors leading directly to the outside from a habitable area. Some infiltration is normally noticeable around doors and windows, especially during high winds. Excessive infiltration resulting from opening in poorly fitted doors or windows, or poorly fitted weather-stripping is a deficiency.
a. Possible Deficiency: Broken glass.
(1) Performance Standard: Broken glass is a deficiency if it is reported on a pre-closing walk through inspection report.
(2) Owner responsibility: Owner shall notify the contractor in writing within thirty (30) days from occupancy if no pre-closing walk through inspection report exists.
b. Possible Deficiency: Clouding and condensation on inside surfaces of insulated glass.
(1) Performance Standard: Insulated glass which clouds up or has condensation on the inside surfaces of the glass is a deficiency.
c. Condition: Condensation on glass (windows).
(1) Performance Standard: None.
(2) Responsibility: None.
COMMENT: Condensation may appear on the room side surface of the glass. This type of condition is directly due to the home or room addition containing too high a humidity level. New homes and room additions can contain hundreds of gallons of excess water from foundations, sheetrock, paints, and other finishes. During the first heating season, this excess moisture will gradually flow out into the air in the home and collect on the window glass. Today, new homes and room additions are designed to be tighter and more energy efficient. Because of this, moisture in the air tends to stay in the home longer and collect on window glass during the heating season. The homeowner should try to open windows and doors as often as weather permits to allow this excess moisture to escape. The condensation condition may improve over time.
Rules concerning finishes are as follows:
1. LATH, PLASTER, AND GYPSUM WALLBOARD:
a. Possible Deficiency: Cracks in plaster wall and ceiling surfaces.
(1) Performance Standard: Noticeable cracks exceeding 1/8" is a deficiency.
b. Possible Deficiency: Excessive alligator or spider cracks when occurring in plaster is a deficiency.
c. Possible Deficiency: Defects caused by poor workmanship such as cracks over door and window frames, over archways, blistering tape, excess material in joints, exposed corner beads, nail pops, or trowel marks.
(1) Performance Standard: Slight defects such as occasional nail pops, seam lines and cracks are common in installations. Blisters in tape, excess material joints, trowel marks, nail popping, and exposed corner beads are deficiencies. Nail pops are a defect only when there are signs of material cracking or falling away.
(a) Responsibility: The contractor will, one time only, during the one year period repair any cracks that exceed 1/8" in width.
(2) Exclusion: Depressions or slight mounds at nail heads are not considered deficiencies.
2. HARD SURFACE FLOORING (FLAGSTONE, MARBLE, QUARRY TILE, SLATE, CERAMIC TILE, ETC.):
a. Possible Deficiency: Flooring cracks or becomes loose.
(1) Performance Standard: Ceramic tile, flagstone or similar hard surfaced sanitary flooring which crack or become loose is a defect. Subfloor and wallboard are required to be structurally sound, rigid, and suitable to receive finish.
(2) Exclusion: Cracking and loosening of flooring caused by the owner's negligence is not a deficiency.
(3) Exclusion: The contractor is not responsible for slight color and pattern variations or discontinued patterns of the manufacturer. It shall not be required to replace the entire finish when the new material consists of less than 25% of the finish area.
(4) Responsibility: Contractor responsible to assure proper underlayment on wood is installed to manufacturer's specifications. Tile to be installed to manufacturer's specifications and industry standards.
b. Possible Deficiency: Cracks appear in grouting of tile joints or at junctions with other material such as a bathtub or shower.
(1) Performance Standard: Cracks in grouting of tile joints are deficiencies. Regrouting of these cracks is a deficiency.
(a) Responsibility: Contractor will, one time only, during the one year period repair any such cracks.
(2) Exclusion: Open cracks or loose grouting, where the wall surface abuts the flashing lip at a tub or shower basin, are considered owner's maintenance and any resultant damage to other finish surfaces due to leaks, etc. are not considered a deficiency.
a. Possible Deficiency: Nail pops appear on the surface of resilient flooring.
(1) Performance Standard: Readily apparent nail pops are a deficiency.
(2) Exclusion: Contractor is not responsible for discontinued patterns or color variations.
b. Possible Deficiency: Depressions or ridges appear in the resilient flooring due to subfloor irregularities.
(1) Performance Standard: Readily apparent depressions or ridges exceeding 1/8" is a deficiency. The ridge or depression measurement is taken as the gap created at one end of a 6" straight edge placed over the depression or ridge with 3" on one side of the defect held tightly to the floor.
c. Possible Deficiency: Resilient flooring or base loses adhesion.
(1) Performance Standard: Resilient flooring or base that lifts, bubbles, or becomes unglued is a deficiency.
d. Possible Deficiency: Seams or shrinkage gaps show at resilient flooring joints.
(1) Performance Standard: Gaps in excess of 1/8" in width in resilient floor covering joints is a deficiency. Where dissimilar materials abut, a gap in excess of 3/16" is a deficiency.
(2) Exclusion: The contractor is not responsible for discontinued patterns or color variations of floor covering.
a. Possible Deficiency: Variations in paneling color, scratches, or checks on the finished surface.
(1) Performance Standard: Plywood paneling pattern and color will often vary and this is not a deficiency. Scratches on the paneling surface are deficiencies if reported on a pre-closing walk through inspection report.
(2) Responsibility: If the damaged paneling cannot be replaced with new paneling to the owners satisfaction, the deficiency may be repaired within reasonable standards of good materials and workmanship.
(3) Owner Responsibility: The owner shall notify the contractor in writing within thirty (30) days of occupancy if no pre-closing walk through inspection reports exists.
a. Possible Deficiency: Dents, chips, knotpops, open joints, or cracks in wood flooring. Dents and chips are deficiencies if reported on a pre-closing walk through inspection report.
(1) Performance Standard: Dents, chips, knotpops, open joints, or cracks in floor boards of finished wood flooring, which exceed the manufacturers quality standards of the wood flooring grade, are considered deficiencies. Manufacturers grade quality standards shall be as defined by; Wood and Synthetic Flooring Institute, National Oak Flooring Association, and Maple Flooring Manufacturer's Association.
b. Condition: Swelling, Shrinkage, Squeaks.
(1) Performance Standard: The acceptable shrinkage tolerance is 1/8" width as per NFMA (National Flooring Manufacturer's Association, Inc.).
(2) Responsibility: The contractor cannot avoid swelling, shrinkage, cracks, and/or squeaks. The contractor will take the following corrective action: Swelling; vertical movement no more than 3/8". Shrinkage Cracks; if cracks are in excess of the accepted tolerance width of 1/8" the contractor will repair.
COMMENT: The floors installed in your new home are manufactured from kiln dried wood which has been sanded and sealed. Wood is a hydroscopic material, when exposed to air it will dry or pick up moisture until it is in equilibrium with the humidity and temperature of the air. Moisture absorption causes wood to swell, moisture loss causes wood to shrink, swelling occurs as wood gains moisture (from 01% to 25-30% moisture content, the fiber saturation point).
SHRINKAGE begins at 25-30% moisture content, an oven dry state.
SQUEAKS may occur during the additional drying process of the underlayment of floor joists below.
WOOD does not dry well or shrink equally in all directions.
c. Condition: Dull finish.
(1) Performance Standard: None.
(2) Responsibility: None.
SUGGESTIONS: The floors in your new home have been sanded and sealed with no wax polyurethane or pacific plus (a new finish designed for allergic individuals). In order to retain the beauty of your wood floors, you should ONLY damp mop with water. CAUTION: If your wood floors were not finished with the above no-wax polyurethane or pacific plus products, check with the installer and/or the manufacturer for proper maintenance. If after a few years, your finish begins to look dull, you need only buff and recoat to bring back to its original state. We recommend no soap or wax products be used.
NOTE: Soap will dull the finish and wax makes the finish impossible to recoat the floor.
d. Condition: Punctures, Scratches, Indentations:
(1) Performance Standard: None.
(2) Responsibility: The contractor will correct any punctures, scratches, and/or indentations in wood flooring, one time only and ONLY if noted on the final inspection, by utilizing an appropriate wood filler or in extreme conditions replacing board.
SUGGESTIONS: All flooring can be punctured or scratched by nails extruding from shoes, heavy cartons with staples, or by sliding a large object such as a stove or refrigerator over the surface without taking the proper precaution. Indentations will occur when heavy items are placed on wood flooring.
SPECIAL CAUTION: High-heeled shoes can dent all wood flooring! The homeowner should take care that proper furniture rests are applied to all chairs and tables to eliminate the possibility of indentations. The homeowner should take proper precautions when moving heavy objects on wood flooring.
SPECIAL NOTATION: Wood contracts and expands with weather conditions. Although it is impossible to completely alleviate this situation, keeping your home at an even and reasonable temperature is an excellent precautionary measure. Proper humidity levels must be maintained. If other woods are used for flooring, please consult with the installer and/or manufacturer for proper care and maintenance.
(3) Owner Responsibility: The owner shall report such deficiencies to contractor in writing within thirty (30) days of occupancy, if there was no pre-closing walk through inspection.
a. Possible Deficiency: Knot and wood stains appear through paint on exterior.
(1) Performance Standard: Excessive knot and wood stains which bleed through the paint are considered deficiencies.
b. Possible Deficiency: Exterior paint or stain peels, deteriorates, or fades.
(1) Performance Standard: Exterior paints or stains that peel or deteriorate during the first year is a deficiency.
(2) Exclusion: Fading, however, is normal and subject to the orientation of painted surfaces to the climatic conditions which may prevail in the area. Fading is not a deficiency.
(3) Exclusions: When the Contractor's Registration Board has determined that the contractor has repaired a peeling paint condition in strict accordance with the paint manufacturers specifications, the contractor will be exempt from performing any future repairs to that specific structure.
c. Possible Deficiency: Painting required as corollary repair because of other work.
(1) Performance Standard: Necessary repair of painted surface required under this warranty is to be refinished to match surrounding areas as closely as possible.
d. Possible Deficiency: Mildew or fungus forms on painted or factory finished surfaces.
(1) Performance Standard: None.
(2) Exclusion: Mildew or fungus that forms on a painted or factory finished surface when the structure is subject to various exposures (ocean, lake, riverfront, heavily wooded areas, or mountains) is not a deficiency.
(3) Contractor Responsibility: None.
e. Possible Deficiency: Deterioration of varnish or lacquer finishes.
(1) Performance Standard: Natural finishes on interior woodwork which deteriorate during the first year of ownership is a deficiency.
(2) Exclusion: Varnish type finishes used on the exterior will deteriorate rapidly and are not covered.
f. Possible Deficiency: Interior paint coverage.
(1) Performance Standard: Interior paint not applied in a manner sufficient to visually cover wall, ceiling, and trim surfaces is a deficiency.
g. Possible Deficiency: Paint splatters and smears on finish surfaces.
(1) Performance Standard: Paint stains on porous surface which are excessive, that detract from the finish, and which cannot be removed by normal cleaning methods and are reported on a pre-closing walk through inspection are considered deficiencies.
(2) Owner Responsibility: The owner shall notify the contractor within thirty (30) days of the completion of construction if a pre-closing walk through inspection report was not completed.
a. Possible Deficiency: Peeling of wall covering installed by contractor.
(1) Performance Standard: Peeling of wall covering is a deficiency, unless it is due to owners abuse or negligence.
b. Possible Deficiency: Mismatching in wallcover pattern.
(1) Performance Standard: Mismatched wallcovering pattern over a large area that severely detracts from its intended purpose due to poor workmanship is a deficiency.
c. Possible Deficiency: Lumps and ridges and nail pops in wall board which appear after owner has wallcovering installed by others.
(1) Performance Standard: None.
(2) Exclusion: Owner shall insure that the surface to receive wallcovering is suitable and assumes full responsibility should lumps, ridges, and nail pops occur at a later date.
a. Possible Deficiency: Seams in carpet.
(1) Performance Standard: Seams in carpeting that separate due to improper installation is a deficiency.
(2) Exclusion: Carpeting material is not covered.
(3) Contractor Responsibility: The contractor shall correct to eliminate the separation.
b. Possible Deficiency: Carpeting comes loose or excessive stretching occurs.
(1) Performance Standard: Wall to wall carpeting that comes loose is a deficiency.
(2) Exclusion: Stretching that may occur in the carpeting is subject to the quality surface over which it is laid and is not a deficiency.
c. Possible Deficiency: Spots on carpet, minor fading.
(1) Performance Standard: Spots or stains on the carpeting is a deficiency if reported on a pre-closing walk through inspection report.
(2) Exclusion: Fading is not a contractor deficiency, and contractor has no responsibility.
(3) Owner Responsibility: The owner shall notify the contractor within thirty (30) days after installation if no pre-closing walk through inspection report exists.
Rules concerning specialties are as follows:
a. Possible Deficiency: Fireplace or chimney does not draw properly causing smoke to enter the house.
(1) Performance Standard: A properly designed and constructed fireplace or chimney is to function as intended. It is normal to expect that high winds can cause temporary negative draft situations. Similarly, negative draft situations can also be caused by obstructions such as large branches of trees too close to the chimney. In addition, the geographic location of the fireplace or its relationship to adjoining walls and roof may be the cause of negative draft conditions.
(2) Exclusion: Where it is determined that the fireplace is properly designed and constructed, but still malfunctions due to natural causes beyond the contractors control, the contractor is not responsible.
2. FIREPLACES (CONVENTIONAL):
a. Condition: Accumulation, cracks or voids on flue liner, chimney fires, downdrafts, inserts, and separation.
b. Performance Standard: Unless otherwise noted when possession is turned over to the homeowner by the contractor, the fireplace is free from defects and structurally sound.
c. Responsibility:
(1) Accumulations of combustion by-product: By-product of combustion (including soot, unburned carbon, and creosote) will accumulate along the flue liner. Depending on use, this accumulation may build up quickly over a period of years and may ignite if it becomes hot enough. The contractor is not responsible for any accumulation of combustion by-products.
(2) Cracks, Voids: Cracks or voids in the flue liner may develop from natural causes or from misuse of the fireplace by the homeowner. Any such cracks or voids, especially if they penetrate the flue liner, may present, or increase, a danger of creating a chimney fire, especially if the liner has accumulations of combustion by-products. The contractor is not responsible for any cracks or voids in the flue liner not noted.
(3) Chimney Fires: Chimney fires may be caused by accumulation of combustion by-products along or in conjunction with other factors, including cracks or voids in the flue liner. The contractor is not responsible for any chimney fires or any damage to persons or property occurring as a consequence of such chimney fires.
(4) Downdrafts: Certain wind conditions may create a downdraft in the chimney flue while the fireplace is in use, prevent smoke and other combustion grease from going up the chimney. the contractor is not responsible for any such downdraft or any damage to person or property occurring as a consequence of any such downdraft.
(5) Separation of Chimney from House: In accordance with the building code, the chimney and house are to be built independent of each other. It is normal for slight separation to occur due to differential movement of the wood and masonry. The contractor is not responsible for any minor separation of the chimney from the house. Minor is 3/8" separation from the main structure in any 10' vertical measurement anything over is a deficiency.
(6) Fireplace Insert: The installation of a fireplace insert by the homeowner or anyone else, including a professional, is considered an alteration to the fireplace, which voids the contractors warranty upon any such installation.
3. FIREPLACES (PRE-FABRICATED):
a. Smoking: Due to insufficient chimney draft.
(1) Intermittent
(2) Continuous
b. Performance Standard: A properly installed fireplace and chimney functions properly. Wind conditions, atmospheric pressure, and humidity can cause temporary negative draft (situation 1); Environmental obstructions such as large nearby trees, building, or hills can cause continuous negative draft (situation 2).
c. Responsibility:
(1) Intermittent smoking: None.
(2) Continuous smoking: Contractor will arrange for a determination of a cause of the condition and correct where possible only during the one (1) year period.
d. Condition: Cracked/broken refractory (firebrick panels):
(1) Performance Standard: None.
(2) Responsibility: The contractor will replace damaged refractory panels only during the one (1) year warranty period. If refractory panels crack or break after the initial burning, the homeowner should contact the manufacturer for warranty information on the specific mode.
e. Condition: Air infiltration into living area:
(1) Performance Standard: None.
(2) Responsibility: None. Homeowner should contact the manufacturer for warranty information on the specific model.
COMMENT: Some air infiltration is normal and acceptable.
f. Condition: Paint finish of unit is scratched or damaged:
(1) Performance Standard: None.
(2) Responsibility: Paint finish of unit will be in good condition at time of final inspection before possession, and so noted on form executed by homeowner and contractor. The contractor will touch up finish as necessary, if touch up is agreed upon between homeowner and contractor at time of inspection.
g. Condition: Broken or inoperable glass doors or fan kits:
(1) Performance Standard: None.
(2) Responsibility: Glass doors and/or fan kits will be in good operating condition at the time of final inspection before possession and so noted on form, executed by homeowner and contractor. The contractor will adjust, repair, or replace the items, if items are agreed upon between the homeowner and the contractor at the time of the final inspection.
h. Built-in sauna and bath units:
(1) Possible Deficiency: Refer to the pertinent section of these standards for deficiencies that may exist in construction, materials, finish, and equipment of a steam bath or sauna unit constructed on-site.
(2) Performance Standard: Built-in equipment such as sauna and steam bath units are to be constructed and must operate properly under the same applicable standard for finishes and mechanical and electrical equipment involved.
Rules concerning asphalt are as follows:
1. Workmanship:
a. Possible Deficiency: Cracks appear in asphalt paving.
(1) Performance Standard: Cracks are not unusual in asphalt paving. Cracks in excess of 1/4" are a deficiency.
b. Possible Deficiency: Puddling of water.
(1) Performance Standard: A limited amount of puddling is common. Puddling in excess of 1/4" measured in a 18" diameter is considered a deficiency in critical areas only, 1/2" in 24" in other areas.
c. Possible Deficiency: Improper pitch.
(1) Performance Standard: Asphalt paving that pitches toward a house foundation, garage door, or any other critical area is a deficiency.
d. Possible Deficiency: Roller marks.
(1) Performance Standard: Roller marks in asphalt paving are common and not considered a deficiency.
EXCLUSION TO ABOVE STANDARDS: An asphalt "overlay" may be exempt from the above standards when condition of the base layer cannot be determined.
Rules concerning fencing are as follows:
1.Fencing installation:
a. Possible Deficiency: Fence posts not properly installed.
(1) Performance Standard: Fence posts are to be installed to manufacturers standards.
b. Possible Deficiency: Improper or malfunctioning hardware.
(1) Performance Standard: Hardware and fasteners that do not perform their intended function is a deficiency.
(2) Responsibility: Fencing installed along property lines, unless contractually stated, contractor has no responsibility to establish property lines, (homeowners responsibility).
Rules concerning kitchen cabinets and vanities are as follows:
a. Possible deficiency: Kitchen or vanity cabinet doors and drawers malfunction.
(1) Performance standard: Cabinet doors, drawers and other operating parts do not function as designed, are deficiencies if they are reported on a pre-closing walk through inspection.
(2) Owner Responsibility: The owner shall notify the contractor within thirty days after completion of construction if a pre-closing walk through inspection was not conducted.
b. Possible Deficiency: Surface cracks, delaminating and chips in high pressure laminates of vanity and kitchen cabinet countertops.
(1) Performance Standard: Countertops fabricated with high pressure laminate coverings that delaminate, have chips, scratches, or surface cracks or joints between sheets that exceed one sixteenth inch 1/16" are considered deficiencies if reported on a pre-closing walk through inspection report.
(2) Owner responsibility: The owner shall notify the contractor within 30 days after completion of construction, if a pre-closing walk through inspection report does not exist.
c. Possible Deficiency: Warping of kitchen and vanity cabinet doors and drawer fronts.
(1) Performance Standard: Warpage that exceeds one quarter inch 1/4" as measured from the face of the cabinet frame to the further most point of warpage on the drawer or door front in a closed position is a deficiency.
(2) Owner Responsibility: The owner shall notify the contractor within 30 days after completion of construction, if a pre-closing walk through inspection report does not exist.
d. Possible Deficiency: Gaps between cabinets, ceiling and walls.
(1) Performance Standard: Countertop, splash, base and wall cabinets are to be securely mounted. Gaps in excess of one quarter inch, 1 /4" between wall and ceiling surfaces is a deficiency.
Rules concerning mechanical systems are as follows:
a. Possible Deficiency: Plumbing pipes freeze.
(1) Performance Standards: Drain, waste and water pipes are to be adequately protected to prevent freezing during normally anticipated cold weather.
(2) Owner Responsibility: The owner is responsible to maintain suitable temperatures in the home to prevent pipes from freezing. Homes which are periodically occupied such as summer homes, or where there will be no occupancy for an extended period of time must be properly winterized or periodically checked to insure a reasonable temperature is maintained. Leaks occurring due to owners neglect and resultant damage are not the contractors responsibility.
b. Possible Deficiency: Leakage from any piping.
(1) Performance Standard: Leaks in any sanitary soil, waste vent and water piping are deficiencies and are covered during the first year.
(2) Exclusion: Condensation on piping does not constitute leakage, and is not a deficiency, except where pipe insulation is required.
c. Possible Deficiency: Faucet or valve leak.
(1) Performance Standard: A valve or faucet leak due to material or workmanship is a deficiency and covered only during the first year.
(2) Exclusion: Leakage caused by worn or defective washers or seal are a homeowner maintenance item.
d. Possible Deficiency: Defective plumbing fixtures, appliances or trim fittings.
(1) Performance Standard: Fixtures, appliances or fittings are to be judged according to the manufacturers standards as to use and operation and are covered only during the first year.
e. Possible Deficiency: Stopped up sanitary sewers, fixtures and sanitary drains are deficiencies.
(1) Performance Standard: Sanitary sewer, fixtures and sanitary drains should operate and drain properly and are covered during the first year.
(2) Exclusion: Sewers, fixtures, and drains which are clogged through the owners negligence.
NOTE: A Contractor responsibility for defective sewer lines extends to the property line on which the home is constructed.
f. Possible Deficiency: Chipped or damaged plumbing fixtures and appliances.
(1) Performance Standard: Chips, cracks, or other such damage to plumbing fixtures and appliances are deficiencies if they are included in a pre-closing walk through inspection report.
(2) Owner Responsibility: The owner shall notify the contractor within 30 days after completion of construction if no pre-closing walk through inspection was performed.
(3) Exclusion: Where a fixture is built into surrounding wall areas such as a tub or shower basin which requires repair, replacement is not covered except where the deficiency causes the fixture to be unusable.
a. Possible Deficiency: Staining of plumbing fixtures due to high iron content in water.
(1) Performance Standard: High iron content in the water supply system will cause staining of plumbing fixtures.
(2) Contractor Responsibility: None. Maintenance and treatment of the water is the homeowners responsibility.
b. Possible Deficiency: Drinking water supply potable.
(1) Performance Standard: All water must be free from contamination that would affect its potability. Potable water is defined as water fit for human consumption. Water is considered potable when a certificate of compliance is issued by the local/county board of health. Any recommendation for treatment of water by the local/county board of health is contractual between owner and contractor and cannot be considered a deficiency.
(2) Exclusion: Water which becomes nonpotable after certification by a source beyond the control of the contractor.
c. Possible Deficiency: Water supply system fails to deliver water; or pressure is low.
(1) Performance Standard: All service connections to municipal water main or private water supply are the contractors responsibility when installed by him.
d. Possible Deficiency: Noisy water pipes.
(1) Performance Standard: Some noise can be expected from the water pipe system, due to the flow of water. Water hammer in the supply system is a deficiency and is covered only during the first year.
(2) Exclusion: Noises due to water flow and pipe expansion are not considered deficiencies.
3. HEATING AND AIR CONDITIONING:
a. Possible Deficiency: Inadequate heat.
(1) Performance Standard: A heating system shall be capable of producing an inside temperature of 70 degrees Fahrenheit as is measured in the center of the room at a height of five feet above the floor, under local outdoor winter design conditions as specified in the latest edition of Rhode Island Energy Code and ASHRAE handbook in effect at the time the home was constructed.
NOTE: The outdoor design temperature established by ASHRAE varies geographically throughout the State of Rhode Island. There may be periods when the outdoor temperature falls below the design temperature, thereby lowering the temperature in the home. Orientation of the home and location of rooms will also provide a temperature differential, especially when the heating system is controlled by a single thermostat for one or more floor levels.
b. Possible Deficiency: Inadequate Cooling:
(1) Performance Standard: Where air conditioning is provided, the cooling system is to be capable of maintaining a temperature of 78 degrees Fahrenheit as measured in the center of each room at a height of five feet above the floor, under local outdoor summer design conditions as specified in the latest edition of the Rhode Island Energy Code and ASHRAE handbook in effect at the time the home was constructed.
NOTE: The cooling cycle outdoor design temperature established by ASHRAE provides for a maximum of 15 degree differential between the outdoor and the indoor temperature. There may be periods when the outdoor temperature rises above the design temperature, thereby raising the temperature in the home. Orientation of the home and location of the rooms will also provide a temperature differential, especially when the air conditioning system is controlled by a single thermostat for one or more floor levels.
(2) Contractor Responsibility: Correct cooling system to meet the above temperature requirements during the first year.
c. Possible Deficiency: Ductwork and heating piping not insulated in uninsulated areas.
(1) Performance Standard: Ductwork and heating pipes that are run in uninsulated crawl spaces, garages, or attics are to be insulated. Basements are not "uninsulated areas" and no insulation is required.
(2) Contractor Responsibility: The contractor shall install required insulation.
d. Possible Deficiency: Refrigerant lines leak.
(1) Performance Standard: Refrigerant lines that develop leaks during normal operation are deficiencies during the first year after construction is completed.
e. Possible Deficiency: Condensate lines clog-up.
(1) Performance Standards: Condensate lines will clog under normal conditions.
(2) Owner Responsibility: Continued operation of drain line is homeowner maintenance item.
f. Possible Deficiency: Improper-mechanical operation of evaporative cooling system.
(1) Performance Standard: Equipment that does not function properly at temperature standard set is a deficiency.
g. Possible Deficiency: Ductwork noisy.
(1) Performance Standard: Noise in ductwork may occur for a brief period when the heating or cooling begins to function and is not considered a deficiency. Continued noise in the ductwork during its normal operation is a deficiency.
h. Possible Deficiency: Ductwork separates, becomes unattached.
(1) Performance Standard: Ductwork that is not in tact or securely fastened is a deficiency.
Rules Concerning Electrical Systems are as Follow:
1. ELECTRICAL CONDUCTORS:
a. Possible Deficiency: Failure of wiring to carry its designed circuit load to switches and receptacles.
(1) Performance Standard: Wiring that is not capable of carrying the designed load, for normal residential use to switches and receptacles and equipment is a deficiency.
2. SWITCHES AND RECEPTACLES:
a. Possible Deficiency: Fuses blow, or circuit breakers kick out.
(1) Performance Standard: Fuses or circuit breakers that deactivate under normal usage, when reset or replaced is a deficiency during the first year.
b. Possible Deficiency: Drafts from electrical outlets.
(1) Performance Standard: The electrical junction box on exterior walls may produce a slight air flow whereby the cold air can be drawn through the outlet into a room. The problem is normal in new home construction.
c. Possible Deficiency: Malfunction of electrical outlets, switches or fixtures.
(1) Performance Standard: All switches, fixtures and outlets which do not operate as intended are considered deficiencies only during the first year after completion.
3. SERVICE AND DISTRIBUTION:
a. Possible Deficiency: Ground fault interrupter trips frequently.
(1) Performance Standard: Ground fault interrupters are sensitive safety devices installed into the electrical system to provide protection against electrical shock. These devices are sensitive and can be tripped very easily. Ground fault interrupters are required on outlets located in the kitchen, bath and powder rooms along with all exterior outlets. Ground fault outlets which do not operate as intended are considered deficiencies.
6.1 Structural and Mechanical System Standards
a. The structural and mechanical systems standards to be used in determining the adequacy of design, materials and workmanship for the structural components of the home and for the mechanical systems of the home including plumbing, electrical and heating and cooling systems shall be the provisions of the State Building Code in effect on the date that the construction permit under which the new home was constructed was issued. The standards of adequacy for plumbing systems shall be specified in R.I. Plumbing Code SBC-3; for heating and air conditioning systems shall be specified in R.I. Mechanical Code SBC-4 and for the electrical system capability shall be specified in R.I. Electrical Code SBC-5.
(a) The load bearing portion of a home is designed as the framing members and structural elements that transmit both dead and live loads of the home to the supporting ground. Examples of load bearing elements are: roof rafters and trusses; ceiling and floor joists; bearing partitions; supporting beams; columns; basement and foundation walls; and footings.
(b) A structural failure will not be considered a defect until it has been established by the State Building Commission under the State Building Code in effect on the date that the construction permit under which the home was constructed or altered was issued as an actual or pending structural failure of some part of the load bearing system as defined in (a) above. To be eligible, such defect does not have to render the residence uninhabitable, however, it must be of such a serious nature that it virtually affects the use of the residence for residential purposes and the official shall issue a notice to that effect under R.I. State Building Code 23-27.3-122.0 (unsafe structures).
(c) The following are excluded as major structural defects:
1. Changes by the owner to the established grade lines affecting basement
and foundation walls;
2. Movement caused by flood or earthquake;
3. Actual or resultant damage caused by lightning, tornado, unnatural high winds or
hurricanes;
4. Damage caused by other additions or alterations to the home;
5. Improper loading over and above the design criteria for which that portion of the house
was intended;
6. Resultant structural damage due to fire;
7. Changes in the water level which is caused by new development in the immediate area or
can be directly traced to an act of nature;
8. Water seepage in basement or crawl space after the first year.
(d) In the case where a major structural defect exists and the home is rendered uninhabitable, the contractor shall be responsible to pay for reasonable shelter expenses of the owner until the home is made habitable, should the condition occur during the first year after completion of construction.
6.3 Interpretation and Severability
a. The provisions of these regulations shall be liberally construed and shall be held to be in addition to, and not in substitution for, or a limitation of the provisions of any other regulation or law. If any provision or part thereof of these regulations or application thereof to any person or circumstance is held unconstitutional or otherwise invalid, the remainder of these regulations and the application of such provisions to any other persons or circumstances other than those to which it is held invalid shall not be affected thereby.