Balloon Parapets and condensation

[LandracePharms]

So I lease an office/warehouse space and in the warehouse space that is 27.5' x 60 ' with a single slope roof 14'-18'. It is a steel-framed building with a brick facade and sidewalls. My space is the first one so I have 3 exterior walls. The building has parapet walls along the front and sidewall so the roofline is level. on the inside all of the walls are sheetrock except the long exterior wall(sidewall). I can see where they had furring strips screwed to the girts all down the 60' like it was going to be sheetrocked as well but the wall was left with the steel girts and the insulation with the reinforced white backing exposed. Well because the wall was not finished the parapet wall cavity was left open to the interior space. When I look up I can see up inside the parapet, which also has a ton of air leakage. If you stick your head up there when the wind blows your hair moves. There is no insulation on the parapet's inner wall, just sheet metal. So in the winter when the heater is used the warm air rises up into the parapet causing condensation which drips down constantly and creates mold and health problems. The condensation will also run down to the back wall and go behind the sheetrock.....on the other side of the building on the other end suite that has the same wall it is sheetrocked and they have no condensation problems. Shouldn't the builder have closed off the parapet by sheetrocking the wall and sealing it off so it would not have a problem? That much air leaking would make sense if it was going to be closed off... The way it is it is costing even more to heat the place because all the heat goes out the parapet. Would, or should have, the open parapet pass inspection? the air leaks... no building envelope.... Fire inspection? Who would be liable if the problem caused my business a major loss due to mold? the builder? the landlord? No one, just suck it up and fix the builder's failure myself? Shouldn't the landlord go to the builder about a warranty??
Am I just supposed to take the loss (over $10,000) and have the issue fixed?
oh yeah...... I leased the space before the rest of the units were finished so I talked to the superintendent and builder a few times...I noticed the problem and asked the builder about it and he played dumb, said he would come to look at it but never did.... My walls were not painted either... they still need to be sanded and finished before they would be ready for paint. I think they were behind and took down the furring strips and just left it unfinished because the realtor leased it to me too early... does that change who might be liable for my damages/loss? Should the building even have passed inspections?

 

[TheCommish]

What does your lease agrament say or not say about maintenance, what you were to get, what the land lords responsibility is?

 

[LandracePharms]

What does your lease agrament say or not say about maintenance, what you were to get, what the land lords responsibility is?

It doesn’t say anything about maintaining the parapet... it’s not really maintenance, it’s a building failure... I figured the builder should have a warranty but the landlord didn’t mention anything when I told them it caused me a loss. They actually told me to have someone come look at it and get a quote. I’m sure somewhere in the lease the landlord makes themselves not responsible for anything even if they are responsible.... but with the fact that I pointed it out to the builder a few times and he did nothing about it.... is there not a standard as to what counts as finished? Is it ok to leave parapet walls open to the controlled interior space when it is obviously going to cause a problem and just let the renter fix it? I didn’t get any tenant improvement allowances and I raised the buildings value by $60-$70k with all of the improvements I made but the landlord doesn’t even cut me any slack with rent when the unit just cost me a $10,000. Legally I guess the landlord is immune but ethically.... the landlord should at least knock off a bit of rent or am I crazy? I thought the landlord was responsible for correcting the problem and the renter could withhold rent payment until the problem was fixed but
maybe that’s just residential? Anyway... would the fact that there is no building envelope (all of the air leaking up inside the parapet) keep it from passing inspection? Is it ok to leave the parapet like it is?

 

[e hilton]

Couple of thoughts …

Learn how to create paragraphs, makes your story easier to read.

This is a building code forum. Constructing to code is minimum, not necessarily what’s best. And as long as the warehouse was built to code, some of the things you are complaining about won’t be covered.

You really need to read the lease. Unless it’s a one page facebook document, there is going to be something in there about maintenance. Also about required insurance coverage by the tenant.

Before you ask … the worst thing you can do is stop paying rent in hopes of forcing the landlord to take action. You would be in default of the lease and there are terms in the lease explaining how badly you can be punished.

Call your lawyer, ask him to review the lease.

 

[LandracePharms]

Couple of thoughts …

Learn how to create paragraphs, makes your story easier to read.

This is a building code forum. Constructing to code is minimum, not necessarily what’s best. And as long as the warehouse was built to code, some of the things you are complaining about won’t be covered.

You really need to read the lease. Unless it’s a one page facebook document, there is going to be something in there about maintenance. Also about required insurance coverage by the tenant.

Before you ask … the worst thing you can do is stop paying rent in hopes of forcing the landlord to take action. You would be in default of the lease and there are terms in the lease explaining how badly you can be punished.

Call your lawyer, ask him to review the lease.

Learn how to create paragraphs, makes your story easier to read.

This is a building code forum. Constructing to code is minimum, not necessarily what’s best. And as long as the warehouse was built to code, some of the things you are complaining about won’t be covered.

You really need to read the lease. Unless it’s a one page facebook document, there is going to be something in there about maintenance. Also about required insurance coverage by the tenant.

Before you ask … the worst thing you can do is stop paying rent in hopes of forcing the landlord to take action. You would be in default of the lease and there are terms in the lease explaining how badly you can be punished.

Call your lawyer, ask him to review the lease.

couple of replies...

You don’t need a space between each “paragraph” it makes your post longer than it needs to be..
As far as code... that is one thing I’m asking about... I though the code said buildings were supposed to have an envelope.? With all of the air leaks in the parapet.... there’s no air barrier.... There’s got to be a code on energy efficiency or something that would require the parapet to be sealed off.
The lease has all kinds of stuff about maintenance and who does what but again, this is not maintenance. More like a building failure... the area in question is not preforming like it should. Do you realize the amount of condensation I’m talking about?? In the winter when all the heat can go up into the parapet it constantly drips along the entire 60’ plus runs down on the inside of back wall that has sheetrock, getting the insulation wet and causing mold, which caused me to loose product due to the contamination and then I had to spend money to decontaminate and clean the space and all of my equipment myself...
For insurance I am required to have general liability only. That covers property damage but my use of the building did not cause the problem so that doesn’t help me.
If I can find a code that would require the parapet to be closed off.... IBC, IECC, or FIRE, then I have a chance..... I have never seen a parapet left open so it seems weird to me...

I hope you appreciate the paragraphs I made for you. I had to learn fast! I even indented for your reading pleasure!

---

 

[LandracePharms]

couple of replies...

You don’t need a space between each “paragraph” it makes your post longer than it needs to be..
As far as code... that is one thing I’m asking about... I though the code said buildings were supposed to have an envelope.? With all of the air leaks in the parapet.... there’s no air barrier.... There’s got to be a code on energy efficiency or something that would require the parapet to be sealed off.
The lease has all kinds of stuff about maintenance and who does what but again, this is not maintenance. More like a building failure... the area in question is not preforming like it should. Do you realize the amount of condensation I’m talking about?? In the winter when all the heat can go up into the parapet it constantly drips along the entire 60’ plus runs down on the inside of back wall that has sheetrock, getting the insulation wet and causing mold, which caused me to loose product due to the contamination and then I had to spend money to decontaminate and clean the space and all of my equipment myself...
For insurance I am required to have general liability only. That covers property damage but my use of the building did not cause the problem so that doesn’t help me.
If I can find a code that would require the parapet to be closed off.... IBC, IECC, or FIRE, then I have a chance..... I have never seen a parapet left open so it seems weird to me...

I hope you appreciate the paragraphs I made for you. I had to learn fast! I even indented for your reading pleasure!

---

Well I did indent but it didn’t post that way... you’ll have to talk to the people that run the site to get that fixed

 

[TheCommish]

I will suggest the again the the lease is very important, the landlord may have provide you an unheated shell with all improvements left up to the tennant. Example storage of dry goods, not needing freeze protection therefor no heat which would not generate warms most air then condensation. Or asorioage office space needing 68 deg temperature in part of the space, with the tennant improvement wholy up to the tenant to provied framing, electrical, insulation, vapor barrier etc.

 

[e hilton]

For insurance I am required to have general liability only. That covers property damage but my use of the building did not cause the problem so that doesn’t help me.

Then maybe you should review the coverage with your insurance agent. You said there was $10k in damages … wouldn’t take too many events like that to put you out of business. Having only the required insurance meets the conditions of the lease, it protects the landlord from damages you cause … like if your operations caused a fire and damaged his building. The LL doesn’t care if you have renters insurance to cover your loses.

 

[LandracePharms]

I will suggest the again the the lease is very important, the landlord may have provide you an unheated shell with all improvements left up to the tennant. Example storage of dry goods, not needing freeze protection therefor no heat which would not generate warms most air then condensation. Or asorioage office space needing 68 deg temperature in part of the space, with the tennant improvement wholy up to the tenant to provied framing, electrical, insulation, vapor barrier etc.

Well, the builder installed a 100,000 BTU forced air heater in the warehouse section so they obviously knew the space would be heated. They also installed a PTAC ac/heater in the office space. I am responsible for any other improvements. Out of all of the other suites in the building, mine is the only one where the parapet was left open...

 

[LandracePharms]

Then maybe you should review the coverage with your insurance agent. You said there was $10k in damages … wouldn’t take too many events like that to put you out of business. Having only the required insurance meets the conditions of the lease, it protects the landlord from damages you cause … like if your operations caused a fire and damaged his building. The LL doesn’t care if you have renters insurance to cover your loses.

The damage was a loss of my product due to contamination (mold caused by the constant moisture). So it cost me over $10,000 in lost inventory plus the 4 months of operating to make the product that was lost. That is why I am "complaining" because the loss has almost put me out of business. No real building damage... insulation/backside of sheetrock may be compromised where the condensation would run down but I took part of the sheetrock down to allow the inside of the wall and insulation to dry out. The condensation problem is a constant problem that occurs anytime it is warmer inside than it is outside....Up in the parapet, there is no insulation on the inside wall, just a piece of sheet metal separates the inside from the outside. The fact that my suite is the only one where the parapet was left open and I am the only one with problems makes me think that shortcuts were made by the builder which ultimately caused my loss. Plus I noticed the potential problem and notified the builder and his superintendent numerous times before the problem occurred. He acted like he didn't know what I was talking about and was supposed to come look at it but never did. I have emails where I informed him and he said he'd come look.....

 

[Robert]

If heat was installed with a permit, this sounds like a IECC issue with respect to the envelope needing insulaton. Is there any insulation in the roof or above the ceiling cavity?

 

[LandracePharms]

I will suggest the again the the lease is very important, the landlord may have provide you an unheated shell with all improvements left up to the tennant. Example storage of dry goods, not needing freeze protection therefor no heat which would not generate warms most air then condensation. Or asorioage office space needing 68 deg temperature in part of the space, with the tennant improvement wholy up to the tenant to provied framing, electrical, insulation, vapor barrier etc.

Is there any code about the use of barriers? like air/vapor barriers.... On the backside of the building, the walls are the typical ribbed metal panels on steel buildings. I had an exhaust fan installed and could see the layers of the wall. Starting from the outside it goes.... sheet metal, Fire-rated sheetrock, a 12'' gap with yellow batt insulation, then the interior wall. It is a 2-hour firewall.....
What building material is used for an air barrier exactly? Like some kind of membrane or wrap like Tyvek or can the sheet metal or fire rock count as an air barrier?

If heat was installed with a permit, this sounds like a IECC issue with respect to the envelope needing insulaton. Is there any insulation in the roof or above the ceiling cavity?

The heat was definitely installed with a permit. I was there when the inspector showed up for the mech inspection. The ceiling has the white-backed insulation between the purlins and roof metal. So that leaves a gap from the ceiling to the wall, which is the parapet cavity. one side has insulation, the other side(inside wall ) has metal only. There are enough air leaks to feel the wind 15' below. where it is leaking They did use closure strips but the vertical seams must be leaking..?
With the way the parapet was left.... lots of air leaks, no insulation on one side.... does it not seem like it was set up for the wall to get sheetrock and seal off the parapet? They had the furring strips up but took them down...?

 

[Mark K]

Talk to a lawyer, you likely have a basis for breaking the lease. This forum is not focused on solving your problems. Even if this forum identifies a code provisions you still need talk to a lawyer.

Whether there is a building code issue it is secondary. If necessary the lawyer can retain a report from an Architect regarding the building code issues.

 

[LandracePharms]

Talk to a lawyer, you likely have a basis for breaking the lease. This forum is not focused on solving your problems. Even if this forum identifies a code provisions you still need talk to a lawyer.

Whether there is a building code issue it is secondary. If necessary the lawyer can retain a report from an Architect regarding the building code issues.

All I’m really asking is if the way I’m describing the way the parapet was constructed sounds up to code and if it is common practice to leave a parapet open to the interior occupied space where a heater was installed. What about chapter 14, section 1403.2 of the 2015 IBC? 1405.3? Or chapter 4(CE) of the 2015 IECC C402.5.1? It’s ok if you don’t know... and I’m not trying to break the lease...

 

[tmurray]

Is the construction deficient?
The first thing that should be reviewed are the approved construction documents to see if the building is constructed in accordance with them. Secondly, would be hiring a construction specialist like an architect to review the construction to confirm that it meets code. Does what you described meet code? It wouldn't here, or in many places represented by the members of this forum, but without knowing the adopted codes and local amendments, it is impossible to say.

So what if it is?
If the construction is deficient, what are you wanting to do next? It sounds like the landlord already knows about the issue and is unwilling to repair, so why would this new information change anything for them? The other option would be to involve the local building inspection department. The issue with that is follow up on code violation tends to be priority based. Priority is always given to life safety over property protection, so depending on the workload, you may be lower on their priority list than you need to be.

The best option is likely to bring an action from your lawyer. You've suffered damages from the negligent building construction, so a lawsuit would be the typical way to be reimbursed for damages. Normally, the fact that you've suffered damages is prima facie evidence that the owner and/or builder were negligent in the construction of the building.

 

[LandracePharms]

Is the construction deficient?
The first thing that should be reviewed are the approved construction documents to see if the building is constructed in accordance with them. Secondly, would be hiring a construction specialist like an architect to review the construction to confirm that it meets code. Does what you described meet code? It wouldn't here, or in many places represented by the members of this forum, but without knowing the adopted codes and local amendments, it is impossible to say.

So what if it is?
If the construction is deficient, what are you wanting to do next? It sounds like the landlord already knows about the issue and is unwilling to repair, so why would this new information change anything for them? The other option would be to involve the local building inspection department. The issue with that is follow up on code violation tends to be priority based. Priority is always given to life safety over property protection, so depending on the workload, you may be lower on their priority list than you need to be.

The best option is likely to bring an action from your lawyer. You've suffered damages from the negligent building construction, so a lawsuit would be the typical way to be reimbursed for damages. Normally, the fact that you've suffered damages is prima facie evidence that the owner and/or builder were negligent in the construction of the building.

Thank you for your reply! The landlord told me to have someone look at the problem and get a quote. I am assuming that means they will pay to fix the problem? I actually have the building plans from the builder... I needed the floorplan .cad file for the building plan review...he sent me a file that had the building plans as well. The parapet detail part is not clear about it being closed off, go figure.... I did better drawings in my 11th-grade drafting class... The plans don't show the interior so I need to find out if the wall was supposed to be sheetrocked because that is the way it seems it was intended to be... Thanks again for your help!

 

[e hilton]

The landlord told me to have someone look at the problem and get a quote. I am assuming that means they will pay to fix the problem?

It means he is giving you the brush off. The cold shoulder. He’s deflecting responsibilty and action for a while.

You have been advised a couple of times to consult a lawyer. Take the advice.