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Leaking roof and black mold

C

Coderbrt

REGISTERED
Joined
May 18, 2021
Messages
4
Location
Nashville TN
I bought a business in 2013 that has been in the same location for now, 37 years. Over the years we learned that the landlord was known for doing nothing to maintain his buildings. Now 8 years later, that has come to be true.
The roof has leaked for too many years and now, with the help of environmental testing, there is black mold in the building. My health has been adversely affected. It is my understanding that the roof leaks (clearly) need to be fixed. Thereby eliminating the moisture "feeding" the mold growth.
My question is this, is a leaking roof an international building codes violation? Can this "codes" violation be used by local building code department to demand (force?) the building be repaired?
 
Roofing systems are not forever. Is the roofing the original roof or has it been reroofed since construction? Is there a current warranty? If there is a warranty, there may be exclusions for non-maintenance.

Right now, the problem is yours to fix. The building code cannot help you. Due diligence on your part at the time of purchase (i.e., building inspection, roof inspection, etc.) may have discovered these deficiencies and you could have required the owner to repair them or ask for a reduced purchase price before signing on the dotted line.
 
Coderbrt said:
I bought a business in 2013 that has been in the same location for now, 37 years. Over the years we learned that the landlord was known for doing nothing to maintain his buildings. Now 8 years later, that has come to be true.
The roof has leaked for too many years and now, with the help of environmental testing, there is black mold in the building. My health has been adversely affected. It is my understanding that the roof leaks (clearly) need to be fixed. Thereby eliminating the moisture "feeding" the mold growth.
My question is this, is a leaking roof an international building codes violation? Can this "codes" violation be used by local building code department to demand (force?) the building be repaired?
Click to expand...

Get with an attorney

Have them read the lease,,,

See what it says about maintaining the building

See what remedies are in the lease…

Depending on your city, there may be code enforcement or similar,,,, that deals with telling owners to maintain their building. Look on line and also call
 
Yes, in the city of Nashville. However, most the commercial building code I have found so far, addresses residential and of course, mine is commercial. Most of Nashville commercial building codes reference the International Building Code (IBC) 2012/2015.
I think it is logical that roof leaks do qualify as a "codes" violation but, I realize that a codes inspector may not "see it" my way. For that matter perhaps a judge will not also.
I have added HEPA filter to my furnace and a UV light to kill bactera as the air passes by (like hospitals do) so, conditions are better but, I still need to get the source of the moisture abated and this is a landlord problem.
I am looking for anyone on the forum that may have had a similar experience (not nessecarily in Nashville) with this issue anywhere in the US.
Past experiences and any suggestions are all welcome?
Yes, I have an attorney.
 
It would only be a code violation if it was not to code when it was constructed. The building code only has an effect for proposed or during construction.

You would be looking for something under a property maintenance code, or a law dealing with landlord obligations.

Just to clarify, you own the business, but not the building it is in? If that is the case, I would consider relocating for the health and safety of my employees and customers.
 
Most code enforcement depts deal with commercial buildings also.

The city requires an owner to maintain to a minimum standard.

Call and talk to the head boss!!

See what they tell you.

Indirectly you will not find your answer in the code book IBC,,
But the city may have a property maintenance code.
 

Dilapidated Structures​

All buildings (residential and non-residential) must meet minimum standards for maintenance. All are required to be in good general condition (both interior and exterior) and maintained in a clean, safe and sanitary condition.



www.nashville.gov

Property Standard Code Violation Types

The Property Standards Division of the Metro Codes Department is responsible for investigating property standards, building, and some zoning code...
www.nashville.gov www.nashville.gov
 
Coderbrt if you are in the 2015 IBC that you say is "referenced" by the Nashville code then you have an Unsafe Structure per 116.1:
"Structures or existing equipment that are or hereafter become unsafe, insanitary or deficient because of inadequate means of egress facilities, inadequate light and ventilation, or that constitute a fire hazard, or are otherwise dangerous to human life or the public welfare, or that involve illegal or improper occupancy or IMPROPER MAINTENANCE shall be deemed an unsafe condition".

No Property Maintenance code is required. If your local building official has jurisdiction per the 2015 IBC he owes the owner a notice of violation or the official is in violation of the code per 116.3: "If an unsafe condition is found, the building official shall serve on the owner, agent, or person in control of the structure, a written notice that describes the condition deemed unsafe and specifies the required repairs..."

In addition to your local building official clearly having jurisdiction under the 2015 IBC your local health department may have jurisdiction over this condition as well.
 
The Nashville Health Department (NHD) has become seriously involved. The NHD is combining with Tennessee OSHA (TOSHA). I am told by NHD that they (TOSHA) have the authority to (for the most part) do what dancinbear has described above in post #12. Various steps are required, "X?" number of letters of notice of violation, etc. That this is a health safety violation that must be resolved.

And to that, dancinbear, you are correct. That is the same code reference (116.1) I discovered while reviewing the 2015 IBC. I thought I had found the correct code section to reference and you have now confirmed that accuracy.

I will try to remember to stop in here from time to time and update progress. This is where we are now.
 
Exciting information, if I'd known about it earlier. My husband and I bought a few years of boards to build a barn on our farm, and it turned out that all the panels were in black mold. When we wanted to deal with the person who sold us these boards, he didn't answer our calls. We had no choice but to call specialists https://www.ssrestore.com/mold-remediation-san-diego/ so that they get rid of the mold. It's good that we could return them to a good look, but because of the fraudster, we had to overpay.
 
Coderbrt said:
I bought a business in 2013 that has been in the same location for now, 37 years. Over the years we learned that the landlord was known for doing nothing to maintain his buildings. Now 8 years later, that has come to be true.
The roof has leaked for too many years and now, with the help of environmental testing, there is black mold in the building. My health has been adversely affected. It is my understanding that the roof leaks (clearly) need to be fixed. Thereby eliminating the moisture "feeding" the mold growth.
My question is this, is a leaking roof an international building codes violation? Can this "codes" violation be used by local building code department to demand (force?) the building be repaired?
Click to expand...
I know you have been given the answers by now (I haven’t read through), but figured I’d still send a quick response.

The answer is yes, your local code department can cite the roof and any damage the leaks have caused. The owner will be required by law to make the repairs. If you haven’t already called Code, definitely do.
 
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