Benway Quality Homes, Inc.

First of all let me begin
this conversation by saying Benway Quality homes takes great pride in
our reputation of building a quality product that meets local and
national building standardsWe believe that we offer an above
average level of customer service to our buyers by dealing
with
issues that may come up, after the purchase of their homeWe
provide a Year builders Warranty against defect and workmanship to
the original purchaser on all our homesOur warranty is based on
acceptable building practice as set forth by the National Home
Builders Association
With that being said Mrs
***'s home was built in (years ago) which is well beyond
the year builder warrantyAdditionally, we did not sell this home
to Mrs ***, she bought the home from the original owner, ***
***Regardless of that fact we still honored the one year
warranty on these homes
As for the code issue, the
house was build to the IRC code; which does state as mentioned,
that Ice and Water shield is to be applied when the Average daily
temperature in January is less than degreeThe average January
temperature in Post Falls, in all of Kootenai County in fact, is
above that degree thresholdTherefore the local building
officials in all of Kootenai County, including Post Falls, never
adopted or enforced the Ice and Water Shield portion of the IRC
codeIn the next code cycle, IRC, the wording of R
was changed to read that an Ice barrier is to be installed “In
areas where there has been a history of ice forming along the eaves
causing a backup of water”, the statement referring to the
Degree average was completely removed
Due to the extreme winter
of 2007-the code officials in Kootenai County deemed our area to
have a history of ice forming along the eaves and began requiring Ice
and water shield to be installed on the eaves with the adoption of
the IRC code
For these reasons Benway
Quality Homes believes strongly that Mrs***'s claims are
unfounded that we are under no obligation to perform or pay for any
repairs, on her home
Sincerely
*** ***, President
Benway Quality Homes

Review: My roof was not built to the 2002 building code per The City of Post Falls. It has 30# felt underlayment instead of following Section R905 Requirements for Roof coverings, R905.2.7.1 Ice Protection. The code states that in areas when the average daily temperature in January is 25 degree F or less or when Table R-301.2(1) criteria so designates an ice barrier that consists of a least two layers of underlayment cemented together or of a self-adhering polymer modified bitumen sheet, shall be used in lieu of normal underlayment and extend from the eaves edge to a point at least 24 inches inside the exterior wall line of the building. Additionally the bottom valley wrap was done out of order. This has caused water and ice to build up and leak on the inside of the fascia board approximately 2 ft. and water and ice to fall onto the sidewalk, steps, and into the garage causing water damage on the garage wall. The sidewalk and steps have cracked and broken apart from the rest of cement work. I have been told by a qualified roofer that the roof will need to be torn off and replaced with the proper underlayment and re-roof 10 feet up from the porch into the exterior wall as well as 6 ft. into the roof covering the garage at the juncture of the leak and then lay the proper underlayment and re-roof.Desired Settlement: I would like Benway Quality Homes to pay for the repair of the roof including replacing any wood sheeting that has been damaged, to [redacted] $1,200 estimate (and any additional amount required upon tearing old roofing off) before the work begins. I would like Benway to repair to my satisfaction the sidewalk and steps. The water damage to the garage wall is minimum and I have a built-in shelving unit on the wall so I am OK with not replacing the garage wall.

I did contact Benway Quality Homes who insisted that the roof was built to code. I confirmed with The City of Post Falls what the code was at the time my home was built by Benway. I have confirmed with [redacted] that the roof was not built to the 2002 code as required. If the home had been built to code I would not be having the leaking water issues that have damaged not only the roof but the sidewalk, steps, and the garage wall. I ask....how many other houses in my neighborhood will have this problem?

Business

Response:

First of all let me begin

this conversation by saying Benway Quality homes takes great pride in

our reputation of building a quality product that meets local and

national building standards. We believe that we offer an above

average level of customer service to our buyers by dealing with

issues that may come up, after the purchase of their home. We

provide a 1 Year builders Warranty against defect and workmanship to

the original purchaser on all our homes. Our warranty is based on

acceptable building practice as set forth by the National Home

Builders Association.

With that being said Mrs

[redacted]'s home was built in 2007 (8 years ago) which is well beyond

the 1 year builder warranty. Additionally, we did not sell this home

to Mrs [redacted], she bought the home from the original owner, [redacted]

[redacted]. Regardless of that fact we still honored the one year

warranty on these homes.

As for the code issue, the

house was build to the 2003 IRC code; which does state as mentioned,

that Ice and Water shield is to be applied when the Average daily

temperature in January is less than 25 degree. The average January

temperature in Post Falls, in all of Kootenai County in fact, is

above that 25 degree threshold. Therefore the local building

officials in all of Kootenai County, including Post Falls, never

adopted or enforced the Ice and Water Shield portion of the 2003 IRC

code. In the next code cycle, 2006 IRC, the wording of R905.2.7.1

was changed to read that an Ice barrier is to be installed “In

areas where there has been a history of ice forming along the eaves

causing a backup of water”, the statement referring to the 25

Degree average was completely removed.

Due to the extreme winter

of 2007-2008 the code officials in Kootenai County deemed our area to

have a history of ice forming along the eaves and began requiring Ice

and water shield to be installed on the eaves with the adoption of

the 2006 IRC code.

For these reasons Benway

Quality Homes believes strongly that Mrs. [redacted]'s claims are

unfounded that we are under no obligation to perform or pay for any

repairs, on her home.

Sincerely

[redacted], President

Benway Quality Homes