Issue #81 January 18, 2003

What is that Noise in the Chimney?

You have just entered a charming home with an interested client; the silence is broken by fluttering and cheeping (the faint, shrill sound of young birds) from the chimney. Will it detract from their interest in this home? What if the prospective buyer insists on having the birds removed before closing? Were you aware there is a permitting requirement and a fine of $15,000.00 or six months in jail for failing to follow regulations while dealing with this problem? What do you need to know?

The noise is most likely a colony of ten or twelve Chimney Swifts (Chaetura pelagica). Other birds and sometime even animals fall into chimneys by accident, but the uniqueness of the Chimney Swifts necessitate that they search out hollow logs, chimneys or something similar to roost and raise their young. Hollow logs are hard to find, this colony has selected this chimney to be their summer home. They will nest there every summer in perpetuity until access is denied. These chimney noises occur in hundreds of homes in Forsyth County, North Carolina each summer. Approximately one hundred individuals contact the local Wildlife Damage Control Agents each summer to inquire about the removal of Chimney Swifts. Can you imagine how many don't call? If you call you are told nothing should be done until the Chimney Swifts leave their nest in the fall.

About Chimney Swifts 

Chimney Swifts are a small, sleek, bluish-black bird with silver-gray throats, they have been called "flying cigars." In flight they alternate stiff, flickering movements with long, graceful sweeps of flight as they scour the skies for insects. A Chimney Swifts typical diet will include about 2,000 insects each day, so a colony of ten or twelve would take care of about 20,000 insects a day. Even so, they didn't help noticeably with the mosquito population at Chris's home where he has been putting up with the birds until this year when he finally did something about them. What is it about the cobbler's children and their shoes? See what you learn when I write the articles. Imagine if Pam (Chris's wife were to write one).

They are unique because they are unable to perch on a limb, stand upright or walk on the ground as most birds do. They are equipped to roost while clinging to a vertical surface... Their small but strong feet have four sharp claws that act as grappling hooks to hold them firmly to their perpendicular roost. Their tail feathers provide additional support for their vertical lifestyle. Chimney Swifts prefer the safety of an enclosed area to roost, to build their nests and raise their families. This is why they select your chimney.

For more information about Chimney Swifts including pictures and sounds go to this web site at Cornell University: 

http://birds.cornell.edu/BOW/CHISWI/

The Legal Rights of the Chimney Swift

Someone has said that in the heavens of federal regulations a Chimney Swift has more legal rights than a homeowner. From the time the chimney swift moves into a chimney in March until the young birds are out of the nest in the in September, they are protected by Federal law under the Migratory Bird Act of 1918. This is not a new problem. They are not to be removed from an occupied nest without a proper permit. Conversation with State and Federal agencies indicate that such a permit is almost impossible to secure. I was told that a permit will only be granted if documented health problems or safety hazards are involved.

The Sections 703 to 711 of the Act states "it shall be unlawful at any time, by any means or in any manner, to pursue, hunt, take, capture, kill, attempt to take, capture, or kill ... any migratory bird, any part, nest, or eggs of any such birds...." If you or I recommend such actions it could have dire legal repercussions for us. The regulation also states that the consequences of violating the regulation could be a fine of up to $15,000 or six months in prison. You must react properly to keep the noise in the chimney from becoming the sound of money fluttering from your wallet or the clang of prison bars behind our back. 

If you would like to read the full regulation it is provided at this Cornell University site: 

http://www4.law.cornell.edu/uscode/16/704.html

A Bright Spot?

One State Wildlife enforcement officer said that on the basis of an old law, enacted when the State had an agricultural economy, which stated that "a farmer could shoot any animal that was destroying his crop. Some have extended the interpretation of this law to apply to homeowners. Doing so would permit a homeowner to put down any animal that becomes a nuisance at his home." I understand that this has not been heard in court. I am not qualified to judge the dichotomy between such interpretation of State law and Federal Law. But, I do suggest that extreme caution be exercised since the federal law is very explicit and usually takes precedent.

Hazards

The nests and other accumulations from Chimney Swifts living in the chimney can be hazardous. While their nests are not likely to cause a fire outside of the chimney, a more probable hazard is the partial blockage of the flue reducing the air flow in the chimney and interfering with proper exhaust of flue gases. This could lead to an accumulation of carbon monoxide or other unwanted byproducts of combustion in the home.

Sometimes the odor from the birds' feces can be very obnoxious depending on the moisture in the chimney and the air pressure in the home.

Another hazard is the presence of harmful bacteria or virus in their droppings. A negative air pressure in the home can occur when gas furnaces and exhaust fans are operated. This can create air flow down the chimney bringing unpleasant odors, bacteria such as Histoplasmosis, or viruses present in droppings and nesting accumulations into the home.

After They Have Departed

After the Chimney Swifts have departed, a professional Chimney Sweep should be employed to remove the nests, droppings and, etc., from the chimney. The Chimney Sweep firms I contacted estimated that the cost for this would be in the range of $75 to $100. per chimney. The top of the chimney should be screened at that time to prevent reentry. This could cost from $100 to $700 and more per chimney, depending on the material selected, complexity of the cap, the height of the chimney and the slope of the roof

An ordinary vacuum cleaner should not be used to clean up the remains of the Chimney Swifts nesting. They usually do not have adequate filtration to trap the smaller particles and prevent them from contaminating the home with the exhaust air. 

What To Do

A spokesperson for the North Carolina Wildlife Resources Commission said "that the best solution for Chimney Swift problems is prevention. A chimney cap will exclude the birds. For birds already present, frightening techniques are legal, but not very effective."

Prevention

A homeowner should install a proper screened chimney cap or hood to prevent the birds from taking up residence. Such screen should not be such that a bird could build a nest on top of it or debris collect to block the operation of the chimney.

Home Inspectors should recommend that all chimneys be properly capped to exclude unwanted visitors.

Prevention Suggestions for Agents:

1. Inquire at listing, if birds have ever inhabited the chimney(s). If so, and it is before March or after September when there are no Chimney Swifts present, advise seller to consider capping all chimneys with screens. If they do not choose to do so, be sure that they are aware that the presence of Chimney Swifts could present a problem with some buyers, if they become aware of their presence in the chimney. I don't know how this will affect disclosure to prospective buyers.

2. If cheeping and fluttering sounds are encountered during showing, tell the prospective buyer that it is Chimney Swifts which will vacate at the end of the breeding season. Tell them that it is estimated that the typical colony of Chimney Swifts devours 3,600,000 insects per year.

3. If the buyer objects and won't close because of their presence, one option would be to suggest that the seller pay, or share, the cost of removing the nests from the chimney(s) and installing screened chimney cap(s) when the Chimney Swifts vacate the chimney.

4. If a buyer is seriously concerned about the loss of habitat for Chimney Swifts they might want to consider constructing artificial habitat for them. They can get information on this and other conservation tips at this site: http://www.tpwd.state.tx.us/nature/birding/pif/swiftne.htm

Good Luck. I hope that you will be able to avoid all cheeping sounds, fluttering sounds and smells coming from the chimneys and that they will not complicate any of your listings or showings. But, if they do, now you should know how to handle the issue. 

This article is by my Dad: Rudy Hilton RHHilton@aol.com

 
Thought for the week
 
Don't believe all you hear, 
don't spend all you have, or sleep all you want.