OurHOA
Living with an HOA

How do we run a chimney and fireplace inspection program for our HOA condo buildings?

By OurHOA · General information · Revised

How an HOA board runs yearly chimney and fireplace inspections in condo buildings: who owns the flue, NFPA 211 inspection levels, gas vs wood, notices and follow-up.

Part of the HOA board handbook: vendors, projects and upkeep.

One sweep, every flue, every year

Hire one chimney company to inspect every fireplace and flue in the buildings each late summer or early fall, before the first cold night, and make the report the start of a repair list rather than the end of the job. The Consumer Product Safety Commission has urged yearly professional inspection of fuel-burning appliances for decades, and names chimneys, flues and vents for leaks and blockage by creosote or debris. In a condo building, one bad flue is everyone's problem. A chimney fire or a leaking vent in a stacked building can reach the units above and beside it, and the chase and roof it passes through are usually association property. The board organizes the program even where owners pay part of the cost. Who owns and pays for what depends on your declaration and state law, so read this as general education and not legal advice.

Sort out who owns what, briefly

Texas Property Code section 82.052(2) and Colorado Revised Statutes section 38-33.3-202(1)(b) treat a flue that runs partly inside and partly outside a unit as a limited common element for the portion serving only that unit, and a common element for any part serving more than one unit or the common elements. Both rules yield to the declaration. Florida Statutes section 718.113(1) lets the declaration assign limited common element maintenance to owners. In practice, the firebox, doors and gas insert inside the unit are often the owner's, while the chase, crown, cap and roof penetration fall to the association. Our guide on running an HOA dryer vent cleaning program walks through the same ownership split and the unit access clause in more detail, and a chimney program can borrow its approach. Decide the split once, write it into a board resolution, and send it with the first notice.

Know which inspection level you are buying

NFPA 211, the National Fire Protection Association's standard for chimneys, fireplaces, vents and solid fuel-burning appliances, sorts inspections into three levels, and the Chimney Safety Institute of America summarizes them for owners. Level I is the routine yearly check of the readily accessible parts, confirming the chimney is sound and free of obstructions and combustible deposits such as creosote. Level II adds the accessible parts of attics, crawl spaces and basements, and may include a video scan of the flue. The CSIA lists it for a new appliance, a change of fuel, a sale or transfer, a malfunction, or damage from an outside event. Level III opens concealed parts of the structure, and a sweep should call for it only when a Level I or II finding points to a hidden hazard. For the yearly program, contract for Level I on every unit, a Level II video scan on a set rotation such as a third of the flues each year, and a unit price for any Level II the sweep recommends. Require written approval before anyone opens a wall or chase for a Level III.

Wood, gas and factory-built units need different checks

Walk the buildings with the sweep and list what is there before you ask for prices. A masonry chimney has a crown, mortar joints and a clay or metal liner. A factory-built fireplace sits in a framed chase with a metal chase top and cap on the roof, so ask the sweep to report rust, standing water and loose flashing up there. Many units have been converted to gas logs or sealed gas inserts. Gas units still need their vent, termination cap and glass gasket checked every year, because a leaking vent can put carbon monoxide into the unit. The CPSC notes that since January 1, 2015, new gas fireplaces and vented fireplace heaters come with a protective barrier over the glass front, which can reach 500 degrees Fahrenheit or more, and it recommends retrofit barriers for older units. Ask the sweep to list units without one in the report. Keep a spreadsheet with unit number, appliance type, fuel, liner type and last inspection date. That spreadsheet turns next year's bid request into a copy and paste.

Rules the board should know about

In Colorado's Front Range, wood burning is restricted on winter high pollution action days. Jefferson County, for example, says no wood burning is allowed below 7,000 feet on those days except in EPA Phase III stoves, approved pellet stoves or approved masonry heaters. Check your own county and city before you quote a rule. A board can post the rule in its winter notice, but enforcement belongs to the local government. Carbon monoxide alarm laws also touch the program. Colorado section 38-45-103(1)(a) requires the seller of a unit in an existing multi-family building with a fireplace or fuel-fired appliance to make sure an operating alarm is installed within 15 feet of each sleeping room's entrance, and section 38-45-104 covers rental units. Florida Statutes section 553.885(1) requires an alarm within 10 feet of each sleeping room in buildings and additions built after July 1, 2008 that have a fireplace or fuel-burning appliance. Ask the sweep to note whether each unit has a working alarm near the bedrooms. The owner is usually responsible for the alarm itself, but the note tells the board where the gaps are.

Getting the sweep into every unit

Schedule by building and give each owner two or three time windows. Owners who miss every slot should get a second notice and then a make-up day, with the cost of a separate trip billed to the owner if your documents allow it. Texas section 82.107(a) and Colorado section 38-33.3-307(1) require owners to give the association reasonable access through their units for maintenance, and Florida section 718.111(5) gives the association an irrevocable right of access to each unit during reasonable hours when necessary to maintain common elements. Use that right calmly and document each attempt. Sample notice: 'Our yearly chimney and fireplace inspection is scheduled for Building [number] on [dates]. The inspector needs 30 to 45 minutes inside each unit with a fireplace. Please do not use your fireplace for 24 hours before your appointment, clear 3 feet in front of the hearth, and reply with your preferred window by [date]. The association pays for the inspection. Repairs to the firebox, doors, gas insert or controls inside your unit are the owner's responsibility under [section of the declaration].'

Sample timeline and motion

May: update the unit spreadsheet and send the scope to three chimney companies. June board meeting: award a one-year contract with unit prices for cleaning, cap replacement and Level II scans. July: notices go out. August and September: inspections, with a director or the manager at the first building. Within two weeks of the last visit: the written report arrives, sorted into association items and owner items. October: repair bids for association items, letters to owners with their items and a deadline. Before the first cold snap: red-tagged units stay out of use until repaired. Motion: 'Move to accept the proposal of [company] dated [date] for Level I inspections of all fireplaces and flues in Buildings [list] at $[amount] per unit, Level II video scans of the flues listed in Exhibit A at $[amount] each, and repairs to association-owned chimney components at the unit prices in the proposal up to $[amount] without further board approval, paid from the operating fund.'

Mistakes boards make

Inspecting only the units whose owners asked. Paying a sweep to clean flues nobody uses while the rusted chase tops go unlisted. Letting a Level III tear-out start without a written estimate. Mailing the report to owners without saying which repairs are theirs. Never checking the roof caps after a hail or wind storm. Treating a sealed gas insert as maintenance-free. Filing the report and forgetting it, so the same cracked crown appears in three years of reports and then in a leak claim.

Sources

These guides are general education for HOA boards and residents, not legal, tax, or financial advice. Rules vary by state and by your community's governing documents - check with a professional for your situation.

More from the board handbook

Track every request from report to done

Assign maintenance requests to a board member, email vendors a work order with photos, and keep the history. Free to start.