Blocking pre-fab flue in a multi-family condo complex?

[cpullen23]

We were called out by an HOA, to a condo complex consisting of 21 individually condos, set up just like apartment complexes (4-8 units per building) to do inspections and give estimates for new chase covers. After talking with the President of the HOA and doing a level 1 inspection on each unit, our findings were: (1) Recently had a chimney fire in one unit due to separated flue pipe in the attic. (2) They had recently had siding replaced during the process the existing chase covers were removed, then reinstalled by the people replacing the siding (3) Our findings were several units had the top section of flue pipe not connected (assuming that when the chase covers were reinstalled, they were simply screwed back on and no effort to ensure the flues were connected properly was taken) Some units had signs of heat damage in the attic by showing black or charred wood and insulation around top of chase (4) Original units were installed almost 40 years ago with no proof of routine inspections or maintenance during their lifetime
Our suggestion to the HOA was to discontinue use of all fireplaces as the flue pipes had been compromised by being pulled apart and after 40 years there is no way to ensure they would be 100% safe even if they were all reconnected as best as possible.

We offered a bulk replacement estimate to replace all 21 units, which was frowned upon by the HOA. Mind you these are individually owned units the HOA is acting as a third party between us (chimney repair company) and the homeowners. Once the bulk replacement was turned down they requested I send each individual unit a copy of our findings for each unit and options to correct the problem. We offered 3 options. (1) Replace entire unit and flue pipe with new ones (2) Remove existing wood burning stove and flue pipe and install an electric unit (aesthetic purposes mostly not heating) (3) Remove entire unit and hearth leaving chase above roof line with closed chase covers.

HOA requests on behalf of the homeowners that for those that don't want a replacement, that we simply install a chase cover with no hole and screw a metal piece over flue opening inside firebox blocking the flue.
We are very uncomfortable with this option as it just seems dangerous.

Advice on how to handle this situation, any laws or codes we should be mindful of? Liability on our part should someone try to use the fireplace with a blocked flue? We are in Texas.

 

[begreen]

It sounds like they narrowly dodged a very serious situation. I would expect the fireplace to be blocked too and made completely inoperable if the chimney was capped. Include permanent signage on the unit stating it is inoperable. Otherwise what is to stop a new tennant from trying to light a fire there?

If you need more clout, get an insurance underwriter or fire marshall to provide a declaration condeming the units.

 

[cpullen23]

That is our thought too. These are individually owned units that I have found are being leased out to tenants. Whos to say these renting tenants won't decide to just unscrew the blocker for the flue and build a fire. It seems to me there would be some sort of code for apartment buildings like this that can force the homeowners to either replace the unit making it operable with either another wood burning stove or a vent-free option or completely remove the firebox and flue. We are very uncomfortable with it, but then we are also at the point of, how can we force a homeowner to make changes to their home. Calling the local fire code inspector is a great idea though!!

 

[bholler]

We were called out by an HOA, to a condo complex consisting of 21 individually condos, set up just like apartment complexes (4-8 units per building) to do inspections and give estimates for new chase covers. After talking with the President of the HOA and doing a level 1 inspection on each unit, our findings were: (1) Recently had a chimney fire in one unit due to separated flue pipe in the attic. (2) They had recently had siding replaced during the process the existing chase covers were removed, then reinstalled by the people replacing the siding (3) Our findings were several units had the top section of flue pipe not connected (assuming that when the chase covers were reinstalled, they were simply screwed back on and no effort to ensure the flues were connected properly was taken) Some units had signs of heat damage in the attic by showing black or charred wood and insulation around top of chase (4) Original units were installed almost 40 years ago with no proof of routine inspections or maintenance during their lifetime
Our suggestion to the HOA was to discontinue use of all fireplaces as the flue pipes had been compromised by being pulled apart and after 40 years there is no way to ensure they would be 100% safe even if they were all reconnected as best as possible.

We offered a bulk replacement estimate to replace all 21 units, which was frowned upon by the HOA. Mind you these are individually owned units the HOA is acting as a third party between us (chimney repair company) and the homeowners. Once the bulk replacement was turned down they requested I send each individual unit a copy of our findings for each unit and options to correct the problem. We offered 3 options. (1) Replace entire unit and flue pipe with new ones (2) Remove existing wood burning stove and flue pipe and install an electric unit (aesthetic purposes mostly not heating) (3) Remove entire unit and hearth leaving chase above roof line with closed chase covers.

HOA requests on behalf of the homeowners that for those that don't want a replacement, that we simply install a chase cover with no hole and screw a metal piece over flue opening inside firebox blocking the flue.
We are very uncomfortable with this option as it just seems dangerous.

Advice on how to handle this situation, any laws or codes we should be mindful of? Liability on our part should someone try to use the fireplace with a blocked flue? We are in Texas.

I would refuse to just cover the flue top and bottom. Some idiot is bound to try to start a fire anyway and it could come back on you. I would send a certified letter to the hoa and each unit expressing your concerns and walk away unless they allow complete removal. At 40 yrs old those units are already way past their expected life span anyway.

 

[EbS-P]

I second the registered letter. If the HOA is run by the owners they should realize the safety issues. The owners can’t force John to do anything but HOA could levy an assessment to rectify safety issues that impact their insurability. One way or another the owners will incur the cost. And think most owners want John to have it done correctly and not leave it in a dangerous state.

Hypothetically speaking if you accepted the job for the caps once you left it wouldn’t meet code (I’m assuming) and just seems like a liability I would not take on. Would they ask an electrician to wrap some tape on exposed wires to a dryer and block off the plug? No electrician would ever take that job times 24.