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Hello I was wondering if someone could help me. We bought a new construction townhouse in 2008 and in the process of selling. The buyers had the inspection done and the inspector had found there was no deck flashing. I checked some of my neighbors and they did not have it either. I looked it up and found it was a code violation not to have deck flashing so I don't know how it passed inspection when they were building. Are we responsible for getting it installed, or is it the builders responsibly since they violated codes and got away with it?
Hello I was wondering if someone could help me. We bought a new construction townhouse in 2008 and in the process of selling. The buyers had the inspection done and the inspector had found there was no deck flashing. I checked some of my neighbors and they did not have it either. I looked it up and found it was a code violation not to have deck flashing so I don't know how it passed inspection when they were building. Are we responsible for getting it installed, or is it the builders responsibly since they violated codes and got away with it?
thanks
Who is responsible would partly be if you currently have a valid warranty on the home, if the builder is still in business, and if the local Authority Having Jurisdiction (AHJ, the building code department) approved the deck knowing no flashing was present. Unfortunately even though building codes are present the AHJ does have some latitude in their interpretation and enforcement.
The first thing I would do is to check this prescriptive wood deck building manual that is provided by the American Forest and Papaer Association Inc., http://www.awc.org/Publications/DCA/DCA6/DCA6-09.pdf. This is an exceptional document that describes proper deck building based on the 2009 version of the International Residential Codes (IRC). Although your home was not built under this version (2009) the requirements for decks have not changed enough to be a concern using this version. Look it over and see how many other potential issues there might be.
The next thing I would do is to call your local building department (AHJ) and discuss all of the discrepancies with them. They will tell you if they were approving construction at that time with the particular issues you have noted as variances from requirements. They can also provide any reasons they did approve it that way. Keep in mind that the local AHJ is not flawless and could have accidentally overlooked these items. If they did then they can become your ally and help you obtain corrections from the builder. Make sure the AHJ is aware that other decks in your area have been built this way.
If the AHJ deems the deck flaws you discussed with them where not previously approved as variances for a good reason then the next step is to approach the builder for a correction. Unless your buyer is willing to handle this issue it then becomes your responsibility to handle.
Of course the easy way out is to hire a professional to make the corrections so that you can close your sale.
Hi slik1017,
Without seeing the detail; I'm guessing its the flashing that covers the top of the ledger board that helps attach the deck framing to the house. In any case you may indeed be dealing with a patent construction defect that could lead to water intrusion. Call the builder NOW! You can do all the stuff escanlon typed after you get that call in. The builder would be wise to come and take a look! They would be even wiser if they get any defects remedied ASAP! Who knows, maybe there is something that the inspector did not see. have you have water intrusion problems???If they balk at the idea, at least you gave them a chance to fix it and they have been put on notice. You can then get some opinions and bids for repair and decide for yourself what to do next. If you put the responsibility on the builder, you take none for yourself. I do appreciate escanlons advice,but, if its wrong, why should you pay for it? I would have no problem taking the builder to small claims if as escanlon eludes to, they are still in biz. If it is as it sounds from your op, it would mean some removal of the current materials , proper installation of the flashing and then closing the wall up and reinstallation of the decking a that area..
FWIW, the decking I built here sits about 1.5" away from the house and is not tied to it in any way. I don't like the idea of making easy pathways for insects (especially ants that might be in container plants on the decks) and potential compromises of the sills.
Harry- you almost took the words outta my mouth.
My question- is the deck actually attached to the house? If the deck is self-supporting, flashing is not a requirement. Nor are a lot of other things.
Because of the new IRC codes that pertain to decks- a lot of "extras" are now required- those that involve decks attached to the main structure. So, for production builders and deck builders that are trying to maintain a small budget self supporting decks are a great alternative.
If the builder is still in business you may have some leeway but, I wouldn't count on it. And stirring the pot of brew-ha-ha will probably just delay any action. If time is of the essence, DIY if capable or, hire a deck builder to correct the deficiency.
Hello I was wondering if someone could help me. We bought a new construction townhouse in 2008 and in the process of selling. The buyers had the inspection done and the inspector had found there was no deck flashing. I checked some of my neighbors and they did not have it either. I looked it up and found it was a code violation not to have deck flashing so I don't know how it passed inspection when they were building. Are we responsible for getting it installed, or is it the builders responsibly since they violated codes and got away with it?
thanks
I will add my 2 cents.
Bought a foreclosure in CT with all the decks rotted and hanging down,1981 house,contracted out to get them replaced,front also,no sill damage. Upon removal no flashing and added cost,they had to jack corner of house to replace 16 ft rear and 12 feet side L shaped.Sill was a sponge,like coffee grounds.Now double flashed.
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