[mmolloy74]

Thank you to everyone who reviews this question. I am looking for specific code reference and explanations to take to our builder.

Our new construction home is nearly complete, in fact we close tomorrow. A point of contention between us and the builder has been the height that the microwave was set above the cook top.

The bottom of the microwave measures in at 64" from the floor. My wife is 62" tall. This leads us to the concern that as she reaches over her head to pull something out of the microwave ABOVE HER HEAD she could easily spill scalding liquid on her head causing severe injury.

GE (the manufacturer of both the microwave and the range) specifies that the TOP of the microwave should be at least 66" from the floor (the top is at 78" currently). The range installation guide lists a 30" clearance from the cook top to the bottom of the CABINET.

We have asked our builder to lower the middle cabinet and microwave 6-8" for usability as otherwise it is a $400 decoration. That my wife cannot use. In response the builder has (after two weeks of talking about this issue) copied us page 586 from the International Residential Code 2009. The pertinent line being G2447.5 Vertical Clearance above cooking top. This page seems to refer specifically to a GAS range, we have an ELECTRIC Range.

Can the builder stand behind this code in regards to an ELECTRIC range, or am I within my rights to ask for it to be moved to be in compliance with the microwave height in the model we first saw when writing our contract? Is there a code specific to vertical clearance on an Electric Range that might come into play?

Many thanks for your time and consideration!

[ballengerb1]

A builder must follow code. It is usually inspected by a building inspector who looks for specific code compliance. Does your city follow the IRC or some other code, if so which one.

[mmolloy74]

We spoke to a local Residential Building Inspector from the city. He told us that the city does not maintain a code regarding vertical clearance from the cooktop. He referred us to the manufacturer's requirements which are those I listed in the OP.

The Builder says they have adopted the International Residential Code 2009 and that is what they are building based on. However, as mentioned above, my research leads me to believe the quoted code only refers to gas ranged.

[ballengerb1]

Go back and ask that inspector which code the city adopted. The city doiesn't maintain its own codes in most cases, they adopt a national or international code lock stock and barrel. They sometimes then add to that code butask him. This is the same inspector who may be inspecting your house, right? Gas range or electric does not make a difference.

[mmolloy74]

I do not believe this is the specific inspector for our home, communication with him has been through my realtor. The builder conceeds that there is no LOCAL code requiring the microwave be as high as it is, according to the builder the city still maintains the 2006 IRC codes but the builder company wide has adopted the 2009 codes. The home has already passed all inspections and the builder is recommending we use their cabinet sub-contractor to lower the cabinet after closing (at our cost not his).

[ballengerb1]

Your home has to meet the 2006 code no matter what the builder adopts. Quite frankly I have never heard of a builder adopting a code, they must follow the laws of the city they work in and 2006 is it. If you did not specify this lower installation from the beginning the corrective measure is considered a change order and its on your dime, sorry

[manhattan42]

Sorry.
You don't have a case.

The 2006 IRC in section M1504 requires that:

"The installation of a listed and labeled cooking appliance or microwave oven over a listed cooking appliance shall conform to the terms of the upper appliance's listing and label and the manufacturer's installation instructions".

Your builder installed the microwave so that the top is at least 66" from the floor.

After all it was You who said:

" that the TOP of the microwave should be at least 66" from the floor (the top is at 78" currently)"

To my knowledge there is no MAXIMUM height that the microwave can be above the floor... just a MINIMUM height.

If you want the microwave lowered, you'll have to pay for it to be lowered.

Sorry.

[pattyg2]

Have him lower the cabinet and you install the microwave. The top of mine is at 72" and the bottom is 20.5" above the range top.