by Jerry Peck - Codeman on Sat Sep 12, 2009 11:53 am
Hi Rick,
If permits were required in your area at that time (many areas still do not require permits today) and if a code was adopted for your area at that time (many areas also still have not adopted a code today, which seems unreal in this day and age), so ... if a code as in force and permits were required, it would be "logical to presume" that the house and its garage were permitted and inspected, which means it was "signed off on" by the AHJ.
With that said, the AHJ deemed it to have met code at the time of construction.
And with that said, we all know the errors and construction defects we find after-the-fact.
If no code was adopted for your area at that time, and no permits were required, then all bets are off as there was no code for the house and garage to have to meet and be compliant - meaning that, like the days of the Wild West, "anything goes".
The flip side of which is that a fire in the garage in an older home, heck, even a brand new home built where there are no codes, will not open the code book to see if it is allowed to destroy the home. Also, the garage to dwelling area separation wall is not a fire-resistive rated wall even in the old Uniform Building Code as the Type X was only addressed as being required on the garage side.
When all is said and done, *even if that wall was a true 1-hour fire-resistive rated wall*, that would not "save the house", it would only be designed to give the occupants 1 hour to escape ... which is why those walls are called fire-resistive and not fire-proof.
Hope it all works out for you, the first thing to do is to ask the local building department was code had been adopted at that time, then go from there. Let me know what code had been adopted, I may have it (or may not, but I will at least check) and if I have it I can tell what what was required.
Also, thank you for the kind words.
Jerry Peck - CodeMan
AskCodeMan.com
Construction Litigation Consultant - Retired
Construction and Code Consultant - Semi Retired