BCAB #1006 - Appliance Flues, Article 9.21.2.3.

June 10, 1988

BCAB #1006

Re: Appliance Flues, Article 9.21.2.3.

With reference to your letter of March 30, 1988, regarding flue requirements for appliances.

It is our understanding that you have two masonry flues, one serving a fireplace on the main floor, the other serving a wood-burning furnace in the basement and a solid fuel-burning stove on the main floor. The second flue contravenes Article 9.21.2.3. of the 1985 B.C. Building Code, which permits such an installation only if both appliances are located on the same storey.

The construction is existing, and has been in use for a considerable period; in addition the provision now in Article 9.21.2.3. was not included in earlier editions of the Code. Under the circumstances we do not consider it realistic to attempt retroactive application of the Building Code, and in a previous Appeal we pointed out that retroactive application is not in fact empowered by the adopting regulation.

If the structure has been modified or deteriorated to the extent that a hazard exists, then any dangerous condition should be corrected, but we do not accept the current Code as a basis for rejection.

J.C. Currie, Chair