IMO, call a Structural Engineer that specializes in homes! They can give you the documentation you need to pursue a solution. I have had several experiences with King Ulmer, highly respected with home builders and realtors! The report will support the situation and expedite a solution!
By OK code now, the footing can no longer be completely covered with dirt up to the top edge of the stem wall/footing. They have to leave it exposed now so that it is harder for termites to get into the structure and cause issues.
My last house was built in 2005, its foundation was exposed as is my current house that was built in 2010 and all of the houses in my edition are built the same way.
Dug footings are not a code violation. They are more expensive and therefore you typically see them on more expensive homes. They are also a requirement of certain neighborhood associations.
Termites can and will move throughout small cracks in the footing easily. The code or practice you speak of does little to deter termites. Not a lot deters those little fockers.
The first house I owned had been remodeled and had a large underground storm shelter added under a new room at the end of the house. A portion, about a foot tall, of the storm shelter concrete was exposed. I noticed these small dirt tunnels going up the exposed area of the concrete. They were termite tunnels. I knocked them down at first, but overnight the little boogers would rebuild them. I put down some bug spray and that did nothing, I even tried gasoline on the concrete, which killed them until it dried and they were right back at it. Finally I called a termite exterminator and they were able to resolve it permanently. My point is, exposed concrete will not stop termites, but at least you can see the trails going into the structure.
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