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central new york standards of performance and supplement to contract home builders association of cny prepared and adopted 1988 revised 1993 copyright© 1993 home builders association of central new york inc all rights reserved[close]
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proprietary materials this booklet and the materials contained in it are the property of the homebuilders association of central new york inc association and are intended for the sole and exclusive use by its members in the construction and sale of new homes to residential purchasers the use of this booklet or any part contained in it including the limited warranty by any builder who is not a member of the association or by any organization other than the association is strictly prohibited resolution adopted by the board of directors of the homebuilders association of central new york inc at its regularly scheduled meeting held in july 1993 1[close]
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table of contents introduction 3-5 performance standards foundation walls 9 framing lumber sheetgoods plywood wafer/osb oriented strand board 10-11 roofing 12-13 windows and exterior doors 14-15 garage overhead doors 16 siding exterior trim 17 concrete floors 18 masonry veneers 19 fireplaces conventional 20 fireplaces pre-fabricated 21-22 plumbing 23-25 electrical 26-27 heating/cooling systems 28-29 gypsum wallboard insulation 30 oak floors 31-32 trim interior woodwork doors 33-34 cabinetry 35 appliances 36 resilient floors 37-38 ceramics/plastic laminates mica 39-40 ceramic floors 39 ceramic wall tiles 39-40 plastic laminates 40 carpeting 41-42 interior painting staining and wallcoverings 43 site work drainage grading seeding topsoil walks driveways 44-45 appendix a limited warranty 49-58 appendix b final inspection before possession 61-62 appendix c rules and procedures for conciliation proceedings by the homebuilders association of central new york inc 65-67 appendix d signature page 71 appendix e fireplace information 75-76 appendix f condensation 79-80 2[close]
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introduction your new home as been constructed by skilled workmen in accordance with the construction and purchase contract executed by you and your builder and the plans and specifications to which you and your builder agreed as noted below this booklet has been made a part of your construction and purchase contract by specific reference therein and is divided into the following categories performance standards one of the purposes of this booklet is to define and establish standards of performance which are common in the industry in central new york the performance standards set out below are intended to define standards for the construction of your home in a good workmanlike manner free from material defects these standards have been developed after careful analysis of industry standards and accepted building practices in central new york and may be periodically supplemented as conditions and circumstances may warrant the home builders association of central new york inc which has sponsored the development of the performance standards has endeavored to include performance standards for most situations encountered by the home owner with regard to materials used or services provided by the builder which are not covered in the performance standards the builder will apply local and/or state building codes and generally accepted industry standards recognized in central new york it is noted that the performance standards set out herein are intended to be minimum standards your builder has the option to apply more stringent standards as noted below your builder will provide to you a written limited warranty that the home has been constructed in a good workmanlike manner free from material defects in the event the home owner raises a question as to defective materials or workmanship during the limited warranty period the performance standards set out in this booklet when applicable shall be determinative and conclusive as to whether a defect exists and if so the builder s responsibility with regard thereto a secondary purpose of the performance standards is to set out some of the responsibilities of the home owner for properly maintaining the property along with some valuable suggestions on proper care and maintenance of the home and its products mechanical plumbing structural and electrical systems in your home are governed by the standards set out in the building code adopted and enforced in the municipality within which the home has been constructed if the municipality has not adopted any building construction code the local governing body has the option of adopting either the new york state building code or the code of the municipality in a jurisdiction adjacent to the locality without a construction code hence the performance standards do not set out any standards for mechanical plumbing structural and electrical systems in those municipalities with a building code inspection procedure inspection by the appropriate municipal officer will provide evidence of compliance in those governmental jurisdictions which do not have a building code inspection procedure proof of compliance may be established by inspections conducted by the local consumer counsel a committee established by the home builders association and subject to its control or by arrangement with building inspectors of an adjacent jurisdiction this booklet including the performance standards set out herein and its appendices has been endorsed by the organizations and agencies listed inside the front cover of this publication limited warranty the home constructed for you by your builder comes with a written limited warranty which warrants to the purchaser and only to the purchaser identified in the contract that the home has been constructed in a skillful manner free from material defects for the warranty periods specified herein the written limited warranty appears in appendix a to this booklet and the home owner is referred to the limited warranty for the exact provisions thereof and the exclusions therefrom the builder makes no other 3[close]
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warranties express or implied in connection with the construction of your home except as are contained in the limited warranty that is there are no warranties which extend beyond the face thereof final inspection prior to possession the home owner should meet with the builder or the builder s agent for the final inspection of the premises the home builders association has adopted a form for final inspection which is found in appendix b to this booklet entitled final inspection before possession during final inspection the home owner should list in the form any materials or items of construction which do not meet the performance standards it is important that the home owner has thoroughly read the performance standards prior to final inspection a thorough final inspection is beneficial to the home owner and the builder remember to inspect and write down any cracks chips dents stains or marks on kitchen cabinets plumbing fixtures electrical fixtures mirrors glass appliances micas vinyls ceramics painted/stained surfaces doors woodwork and carpeting since none of these items among other obvious defects will be honored for repair or replacement once the home owner has taken posses sion the builder should give the home owner a copy of the final inspection after it has been signed by both parties jurisdiction conciliation procedures any action at law or equity arising out of or relating to the contract documents or the breach thereof shall be commenced solely in supreme court of the state of new york or the county court of the county in which the residence sold to the purchaser is located and no other court however in any action dispute or claim arising under the limited warranty appendix a before the purchaser may commence an action in a court of law and as a condition precedent thereto the purchaser is required to give the builder an opportunity to take corrective action with regard to the claimed defect all in accordance with the step-by-step claims procedures set out in said limited warranty if the builder fails to take corrective action or the corrective action is not satisfactory to the purchaser the limited warranty further provides that the purchaser shall commence a conciliation proceeding with the homebuilder s association of central new york inc in accordance with its procedures and under the rules adopted by the association such rules are available from the association upon reasonable request and are reproduced in full in appendix c incorporation in construction contract by reference the whole of this booklet including the performance standards and the appendices thereto is expressly made a part of the construction and purchase contract between the builder and the home owner by express reference in the construction contract and shall survive the closing of title as such the builder and the home owner are required to sign this booklet at the signature page contained in appendix d as an expression of the intent to so include this booklet in the construction contract and as an acknowledgment by the home owner that he she has read and understands this introduction the limited warranty contained in appendix a and the final inspection before possession form contained in appendix b finally signing appendix d is an acknowledgment by the home owner that they have received a copy of this booklet and its appendices information on fireplaces the performance standards set out the standards of performance in the construction of a conventional fireplace although fireplaces are intended to contain friendly fires nevertheless fireplaces present a potential danger of injury or damage to persons or property under certain circumstances solely for your information and without any express or implied representations regarding the accuracy of the information provided information from several publications on fireplaces has been included in this booklet under appendix e it is suggested that the home owner review the performance standards on fireplaces and the information contained in appendix e prior to starting the first fire additionally if the home owner is unfamiliar with the use of fireplaces it is suggested that the home owner seek professional help with regard to proper starting maintaining and containing friendly fires in a 4[close]
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fireplace information on condensation the performance standards make reference at several places to condensation forming in your home condensation does not result from any defect in materials or workmanship in the construction of your home rather it is a natural phenomenon which occurs under certain climatic and/or environmental conditions solely for your information and without any express or implied representations regarding the accuracy of the information provided information from several publications on condensation has been included in this booklet under appendix f disclaimers the board of directors of the home builders association of central new york inc has formally adopted the performance standards contained in this booklet as local industry standards for materials and workmanship in residential construction in the central new york region that is each home builder who is a member of the home builders association has agreed to meet or exceed the performance standards in residential construction and in taking necessary corrective action during the term of the limited warranty it is reiterated that the performance standards set out herein are intended to be minimum standards your builder has the option to apply more stringent standards by adopting the performance standards the home builders association expressly disclaims any liability of any nature or kind which may arise as a result of the performance or nonperformance of the construction contract by either the home owner or the home builder whether or not such home builder is a member of the association furthermore the home builders association makes no representations express or implied with regard to the materials or workmanship in the construction of any home by any builder for or on behalf of a home owner whether or not the builder is a member of the association the builder shall not be liable to the home owner for any damage to personal property or to any real property which may be a consequence of or result from any defect in materials or performance of the work that is the builder is responsible only for correcting the defect which may have caused any such damage and for nothing else except as the limited warranty may otherwise provide 5[close]
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foundation walls condition performance standard foundation wall cracks foundation walls are subject to a variety of pressures thermal stresses and movements which can cause hairline cracks which do not affect the ability of the foundation wall to support the structure these cracks will be repaired by the builder only when they exceed 1/8 in width repairs will consist of painting and/or patching the builder is not responsible for color variation between old and new mortar the builder will repair cracks exceeding 1/8 with the method stated above only during the warranty period foundation wall dampness responsibility condition performance standard a waterproof material has been applied to the exterior of the foundation wall below grade in addition the builder has installed a drainage system to control sub-surface water dampness may appear on the interior of the foundation wall due to one or a combination of the following 1 water may enter the wall system during the construction process before the wall is protected this moisture is a temporary condition and should dry with time 2 within the first year settlement of the grade and backfill area around the foundation may occur which prevents surface and sub-surface water from being carried away once settlement has completed and the sunken areas are filled the water will travel away from the foundation by it s designation path 3 condensation on the interior of the foundation wall is often mistakenly attributed to leakage condensation will occur anytime the surface temperature of the wall is below the dew point temperature of the basement air condensation can be minimized by regulating ventilation of the basement basement windows should be kept closed when the heating system is operating as well as in the spring until warm air has raised the ground and wall temperatures proper venting of gas water heaters clothes dryers and other moisture generating appliances are helpful the builder is not responsible for wall dampness heavy leakage indicated by standing water will be corrected by the builder using accepted building practices designated by the builder only during the warranty period the builder is not responsible and shall not be liable for damage to any items stored in the basement or crawl space area responsibility 9[close]
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framing lumber sheetgoods plywood wafer/osb oriented strand board condition preformance standard contraction and/or expansion like other building material wood may contract and/or expand with weather changes wood is affected by heat or cold it may shrink under extreme dryness or swell under extreme humidity your home has been built with quality lumber that restricts these problems to a minimum however some shrinkage and swelling are unavoidable these areas primarily affected will be ceiling moldings drywall doors baseboards resilient flooring oak flooring and ceramic flooring various results of this shrinkage and swelling include slight cracks around doorway arches and windows and nail pops around baseboards the builder will correct only those conditions that are caused by defective materials and/or workmanship or that create any space and/or gaps between moldings and joints on interior finish carpentry that exceed 3/16 excepting scribe molding paneling and cabinetry only during the warranty period please note that replacement of paint wallpaper wall or floor coverings are not included the homeowner is responsible for maintaining an even and reasonable temperature and humidity level in the house this is an excellent precautionary measure although it is impossible to completely alleviate the shrinkage problem condition performance standard responsibility comment squeaky and/or bouncy floors none none extensive research and writing on this subject conclude that much has been tried but little can be done about floor squeaks your return airflow will tend to minimize this condition but an occasional squeak may still develop not sure how the preceding statement will be understood by the average buyer generally these will appear and disappear with changes in weather conditions squeakless floor cannot be guaranteed bouncy floor are caused by normal deflection crowned floor joists/depression of floor joists floor joists are allowed to have no greater than ¼ crowning or depression in a 32 distance measure parallel to the joist the builder will correct per the performance standard only during the warranty period this repair does not include replacement of floor covering unless noted for correction on the final inspection before possession form comment the home owner should wait until just prior to the end of the warranty period to request correction this will allow for normal contraction and/or expansion which may correct the condition responsibility condition performance standard responsibility condition bowed stud 10[close]
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performance standard wall studs are allowed to have no greater than ¼ bowing in a 32 distance measured parallel to the stud the builder will correct per the performance standard only during the warranty period this repair does not include repainting or replacement of wallpaper wall or floor covering unless noted for correction on the final inspection before possession form responsibility comment the home owner should wait until just prior to the end of the warranty period to request a correction this will allow for normal contraction and/or expansion which may correct the condition do not wallpaper concluded until the one year warranty period is 11[close]
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roofing condition performance standard roof leaks your new roof will give you many years of good service if properly maintained the builder will be responsible for the roofing application and will install flashing to seal the places where the roof abuts walls chimneys dormers or valleys where two roof slopes meet the builder will be responsible for the roofing application and will repair leaks resulting from improper application only during the warranty period warranties on roofing materials if any will be provided directly by the manufacturer responsibility comment the home owner should contact his insurance agent in case of wind damage caused by storms this is not the responsibility of the builder at any time if a leak should occur after the one year warranty period the home owner should contact a qualified roofer to make the repair if done promptly after the roofing material has dried the cost will be far less than if the job is postponed icing and ice build-up on roof eaves are common occurrences in this locality the builder suggests professional removal of this ice build-up to avoid damaging the roof and possibly causing leaks the home owner should make yearly inspections of all flashings and mastics to insure proper sealing normal house shrinkage may cause a flashing or mastic leak at fireplace roof flanges t.v antennas etc the builder shall not be liable for any damage to persons or property resulting from or as a consequence of any looding or accumulation of water due to a roof leakage loose shingles shingles are supplied with a factory applied adhesive or sealant and carry the wind resistant label of underwriters laboratories inc the builder is not responsible for loose shingles or if a blow-off should occur before the shingles have a chance to seal the home owner should contact his insurance company and hire a professional roofer to replace loose or blownoff shingles condensation special notation condition performance standard responsibility condition performance standard condensation may occur when warm moist air comes in contact with a cold surface the builder will provide ventilation for air circulation by using louvers or ridge vents placed in gables and/or eave and roof peaks the builder is not responsible for condensation as long as he has provided ventilation the builder is not responsible for leaks due to snow or rain driven into attics through louvers or vents many times condensation will occur temporarily as new materials dry responsibility comment condition roof skylight condensation 12[close]
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performance standard when skylights are installed proper curbs or flashing are used due to unique weather conditions insulated skylights may have some condensation between the domes this small amount of moisture will dissipate when weather conditions change all skylights have some visual distortion due to the curvature of the material the builder is not responsible for roof skylight condensation the builder does suggest yearly inspections of all flashings and mastics to insure proper sealing the home owner should contact the manufacturer for any problems with the skylights responsibility comment condition performance standard ridging of roof plywood roof plywood may ridge due to normal contraction and expansion if ridging occurs it may be noticeable through the roof shingles none truss uplift responsibility condition performance standard the trusses on your home are engineered in accordance with the truss plate institute tpi which is the accepted standard of new york state a direct result of today s highly energy-efficient home is truss uplift this condition is caused by a number of inter-related factors vapor barriers in ceilings heavy insulation and well-vented attic areas with the bottom cord buried in 10 to 13 insulation the moisture is not allowed to enter or escape as freely as it does in the top cord the result being the top cord moves and the bottom cord does not therefore arching may occur this may further cause drywall to crack between wall and ceiling there is no way to control this movement responsibility none 13[close]
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windows and exterior doors condition performance standard responsibility broken glass/screens none the builder is only responsible for broken glass damaged or missing screens reported in writing on the final inspection before possession form the home owner is solely responsible for broken glass damaged or missing screens not reported in writing on the final inspection form air infiltration windows doors condition performance standard responsibility some air infiltration is normal and may be noticed especially during high wind conditions the builder will correct this condition only if it is caused by illfitting windows doors and weather stripping and only during the warranty period the home owner may elect to install storm windows and doors to further alleviate this condition the home owner should consult with the manufacturers for proper material and installation wood shrinkage windows condition performance standard wood shrinkage as well as moisture will affect the alignment of windows during summer months little changes may be noticed but winter heat may tend to change the moisture content within the wood and cause temporary warping the builder will correct misaligned window sashes only during the warranty period if realignment by the builder does not correct the condition the home owner should contact the manufacturer within the manufacturer s warranty period to determine the source of the problem condensation on glass windows none none 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 window glass today s new home 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 home owner 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 condensation between glass panes windows 14 responsibility condition performance standard responsibility comment condition:[close]
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