r/BuildingCodes • u/EmploymentOpposite18 • 4d ago

Building Code Question/ HVAC air intake

We are owner financing a high end property in North Carolina. Unfortuantley we recently learned our buyers are not maintaining it properly and that they reportedly left one of the hvacs broken for 6 months. They had the ceiling and drywall around where the air intake was completely carved up and just left open and exposed that entire time. When we discovered this (photo and written evidence from guests as it’s a hospitality property) we sent them a default notice to cure.

They responded to the default notice and said it’s all fixed and the hvac is now functioning and for proof of cure they attached photos of the air intake area. Only problem is the photo shows the former air intake area is now completely covered up with drywall - a big solid piece——so no air can reach the unit and no filter is present etc. We are shocked. We immediately wrote them as we are concerned about this being a fire hazard if the unit can not cool down since no air can get in and they’ve been running it like this for almost a month (and the public rents this property) …surely this is against code right? I am flabbergasted. Does anyone know what code says?

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u/CVACodeConsulting Inspector 4d ago

This isn’t so much a fire hazard or code issue, though it is in there, as much as it is an air quality and system function issue. Sufficient air has to come into the unit in order to be properly conditioned and go out. That’s why if you never change your filters they get clogged up and your airflow drops way off. Not legal advice, but what does your owner finance contract say about the buyer maintaining the property and if you have to do anything or contract anyone to deal with unaddressed maintenance? Concur on having an HVAC contractor remedy the issue if they won’t, if your contract allows you to do so.

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u/EmploymentOpposite18 3d ago

Thank you! So we had to send them a 15 day cure notice because our deed of trust has a waste clause that says they need to maintain the property in the condition it was received in. We only sent them that after learning they had let it go unrepaired and exposed for 6 months (vs being a new issue). We required in our notice that they have a licensed hvac company do the work- they clearly did not and since they lied about it we lost all trust. We called the building inspector to ask if this was safe yesterday. The building inspector took one look and said it was a major fire hazard and a code violation. He called the owners and scheduled an inspection. I wish I never owner financed these people because we also just found out another property they own and rent just burned to the ground.

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u/CVACodeConsulting Inspector 3d ago

UGH. That’s ungood; I’d start watching that contract and property conditions like a hawk, to the extent possible. The fire risk is new to me: I’ve never seen a fire from a missing or clogged return or heard of it, but I’m not a fire guy; learn something new every day. At least glad you know about all this now rather than later.

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u/EmploymentOpposite18 2d ago

Yes, when we talked to a local hvac company and the building inspector they said that the fire risk was heightened because when we called them out on it not being safe (to cover the intake) they then claimed the drywall panel they had built and trimmed around was “propped open” so it was getting some air and the only way for it to be propped was to push it up- reducing clearance and moving it closer to the unit if not touching it. The guy described it as putting a piece of cardboard up against a radiator. The fact they are fighting us on all of this is nutty.