Sealing the cracks in condo construction
Kelly Walsh
Schwabe, Williamson & Wyatt
All it takes is one small leak in a building enclosure to cause millions of dollars of damages and, in the case of condominiums, completely destroy the resale value of the condos.
In fact, water leaks can be one of the main sources of construction defect litigation.
Many times, leaks can be prevented by proper design and construction of the building envelope.
In order to attempt to remedy water intrusion problems, the Washington State Legislature has imposed new requirements on initial condominium construction and on substantial remodels (Ch. 64.55 RCW). The goal is to ensure that owners and developers adequately plan for – and implement – the waterproofing of the building envelope. By requiring owners to submit certified design documents and then requiring inspections during the construction, the new law will help to ensure that water damage is kept to a minimum.
Do the requirements apply to your project?
The law applies to initial construction and rehabilitative projects for which a building permit is issued on or after Aug. 1, 2005. The requirements apply to residential buildings with more than two attached dwelling units. This includes most condominiums, but excludes those condominiums where each building is located on a single lot, such as a zero lot-line development.
The law also has an exemption for minor remodels. If the rehabilitative work on the building enclosures will not cost more than five percent of the assessed value of the building, your project will not be subject to the requirements. Determining if this exemption applies to your project requires an accurate estimation of the cost of construction for the "building enclosure," which includes roofs, walls, balcony support columns, decks, windows, doors and vents.
Getting the building permit
In order to obtain a permit, the owner must submit building enclosure design documents to the building department. These design documents include all plans, details and specifications, and should show that the enclosure is designed to protect the building from moisture intrusion. The documents must be certified by a licensed engineer or architect.
Required inspections
The building enclosure must then be inspected during the course of construction. This inspection is not conducted by the building department. Instead, the inspector will be retained by the owner and must have substantial and verifiable training and experience in building enclosure design and construction. While the inspector cannot be an employee, officer or director of the project, you can use the same architect or engineer who approved the enclosure design documents.
The inspector will examine the construction of the building envelope to ensure that the construction meets the design requirements. In addition, the inspector must conduct water penetration testing on a "representative sample" of windows. Determining what standards to use for this testing can be confusing because the law only briefly discusses the minimum inspection required. The law merely notes that "such tests shall be according to industry standards."
Once the inspector has certified that the work has been done in substantial compliance with the building enclosure design documents, the building department can issue a certificate of occupancy for the building.
According to Rob Barrentine, an architect with Architects Barrentine Bates Lee, "This sounds simple but is potentially very complex. There are a number of opinions about ‘representative sample’ and ‘industry standards.’ The American National Standards Institute (ANSI), American Architectural Manufacturers Association (AAMA), and Window and Door Manufacturers Association (WDMA) all have published ‘standards’ for window testing. They all have their own opinion on the ‘industry standard.’ What is most important is that an informed decision is made with the owner."
Compliance issues
What happens if you don’t comply with these new requirements? The consequences can be dire for condominium owners and developers. The law prohibits any conveyance of affected condos unless construction on the building enclosure has been completed in compliance with this law.
To avoid these problems, be sure to bring an architect or engineer on board early in your construction or remodeling planning. Remember to submit certified building design documents and follow up with inspections during the course of construction. If these requirements are not met, you may end up with condos that you are prohibited from selling. Make sure and leave yourself high and dry: Comply with the law.
Kelly Walsh is an attorney with Schwabe, Williamson & Wyatt. She can be reached at kwalsh@schwabe.com or 360-905-1432.
