water heater vent drafting issue

Any comments on this packaged HVAC unit being installed on top of this water heater gas vent?

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Installation instructions prevail:

http://www.duravent.com/docs/instruct/L204A_apr00.pdf

Vent pipe with 3"-12" diameter
must terminate at least 2 feet higher than an adjacent wall or obstruction, if it
is within 8 feet. Vent pipe with 14" or larger diameter must terminate at least
2 feet higher than an adjacent wall or obstruction, if it is within 10 feet.

No good!

Yeah the flashing at the bottom is bent up and wind driven rain could get under it.:twisted::mrgreen:

Did you do a spill test?