Data Base Adjustment - 45 Day Delivery Deadline (based on scoring report release date)
Local Conditions and Exceptions	Deficiencies involving conditions that are specifically allowable under local code and/or pre-existing conditions that do not conform to the UPCS protocol.  Items can sometimes be appealed on the basis that they are not prohibited by local code, but REAC has tightened up on granting these in recent years, raising the bar so that we must often prove a condition is specifically allowed.  "Pre-existing conditions" suggests that conditions that can be said to be "grand-fathered" are also appealable, but this requires a very sophisticated argument for which it will almost certainly require a very technical explanation by an architect or engineer, or a letter signed by a local code official.
Example: Emergency Exits	REAC trains inspectors to expect that every area, like a bedroom or office, should have two means of egress - two emergency exits.  While it is true that this is sufficient to comply with local code for most any property, it is also true that this significantly exceeds code requirements for some properties.  Where REAC's standards exceed local standards, REAC grants that meeting local standards is generally sufficient.  Imagine the chaos that it would create if REAC could overrule building codes across the country and require that every building that presently falls short of REAC's requirements had to be retrofitted to meet them.
	In many cases, an apartment building is subject to a code that says each apartment must provide one unobstructed means of egress that leads to a corridor which then provides a minimum of two exits in different directions.  In a case like this, local code grants that the main entry/exit door is the only required exit - that one exit from the apartment as a whole is sufficient - and it does not require each room to provide two exits.  This falls short of REAC's expectation that each room has two exits, normally consisting of the door to the room as the primary exit and at least one window as a secondary means of egress.  Your REAC inspector will cite blocked windows as blocked emergency exits, and this is one of the highest scoring defects that can be cited in a unit.
	In some cases, local code even prohibits windows above ground level from opening more than 4 or 6 inches, to prevent children from falling out of windows.  In other cases, like private health care facilities, window openings may be restricted to prevent elopement.  (Elopement means that a patient leaves the property without authorization, and is a particular concern in memory care units that serve patients with Alzheimer's disease or dementia.)  Despite the fact that local law may require the window opening to be limited, REAC instructs the inspector to write up these blocked windows to be blocked exits.
	Where local code requires window openings to be limited, or where local code is satisfied by the presence of a single emergency exit, we submit a Data Base Adjustment request on the grounds of "Local Conditions or Exceptions" or "Conditions Allowable by Code."
	In these cases, we need very strong evidence provided by an authoritative third party subject matter expert like a local code official, or a licensed architect.  We will ask this party to sign a letter stating the facts, and clearly saying that the blockage of a window by furniture, by a window air conditioner, or by a window that cannot be opened for any reason does not violate pertinent local code.
	It is very important that you know exactly how your local code applies to your property.  NEVER assume that the requirements for your property are less than REAC's "two means of egress" standard.  If you fail to provide adequate means of egress by keeping all required emergency exits clear and usable, this would be a very dangerous situation that could make you legally liable for injury or death of another person - a resident, a visitor, or even a co-worker.  There is absolutely no comparison between failing a REAC inspection and the far greater disaster of being responsible for someone's death.  Safety comes first, always.  Consult an expert before making any assumptions about code requirements pertaining to emergency exits.
	Great News!  If you have a situation that requires an "Allowable by Code" appeal, you might be thinking that you will need to submit a new appeal every year, but this is not necessarily the case.  In a Carry Over Data Base Adjustment request, we ask REAC to register the condition in the property record in their permanent database.  Once we have proven that code allows the condition, there is no reason to believe that code will change significantly.  REAC will generally grant a Carry Over, so that related deficiencies will be automatically deleted prior to final scoring of future inspections.  Once we have made a solid, well documented case that is worthy of approval, it is very easy to add a simple request that the adjustment be carried over for future inspections.
	We will post more examples over time - please feel free to email a request for a description of a specific type of appeal