BCAB #1264 - Existing Solid Fuel Burning Space Heater, Article 9.34.2.1.

November 21, 1991

BCAB #1264

Re: Existing Solid Fuel Burning Space Heater, Article 9.34.2.1.

Project Description

A Fisher Woodstove installed in a single family dwelling about 10 years ago.

Reason for Appeal

Due to deterioration the owner wishes to replace the original insulated metal chimney mounted outside the dwelling with a new chimney conforming to the current Building Code requirements.

Appellant's Position

The appellant maintains that the stove was installed and approved under a permit from the municipality. As he is only replacing the chimney and not altering the stove in any way he feels only the new chimney should be required to meet current regulations.

Building Official's Position

The building official has no record of the stove being approved originally so considers it to be a new installation which must meet current regulations. As the stove does not bear a label indicating conformance with ULC S627/CSA B366.2, "Standard for Space Heaters for Use with Solid Fuel", the building official will not approve the installation.

Appeal Board Decision #1264

The Board finds it can be of little assistance in this case. The Board cannot determine whether or not the appliance was installed and approved under permit. If, however, it can be shown that the unit was originally approved then the Board agrees that replacing the chimney is not justification for bringing the stove into compliance with current requirements.

The appellant suggests that the stove could be accepted as meeting the requirements of the Code because of past performance as mentioned in Article 2.5.1.3. The Board does not have authority to deal with Equivalents but suggests the appellant pursue this with the building official.

George R. Humphrey, Chair