Chimneys & Legislation

Although I am no longer a "practicing" chimney sweep, the issue of chimney safety is still a driving force in my interest in vented hearth products.

Any hearth appliance that burns gas, oil, wood, wood pellets, coal or other solid fuels must have a venting system. That venting system must be appropriately designed and installed for the appliance it serves and it must be inspected annually and cleaned when needed. Repairs and maintenance are vital to keeping the appliance operating properly, and to keep byproducts of combustion (fumes, soot, carbon monoxide, smoke) inside the venting system until those byproducts are evacuated to the atmosphere.

The chimney sweeping trade is small, though this is a group of people that do much to keep homes safe, not only by caring for the chimneys that vent hearth appliances but the chimneys that vent other fuel burning appliances in your home, such as gas and oil furnaces and water heaters.

The HVAC and Plumbing industries are large groups with powerful influence in state legislating bodies and on national fire and safety codes. The chimney sweeping industry does not have these resources.

Before I start editorializing, please know I have nothing against HVAC technicians or plumbers and know (and am fond of) many.  And know that I have longstanding friendships and involvement in the chimney sweeping industry so I much better know the goals of the chimney service industry and many of the fine folks who actively participate within the trade.

THESE OPINIONS ARE MY OWN AND ARE SOLELY MEANT TO INFLUENCE YOUR OPINION BY PRESENTING MY OWN PERSPECTIVE.

It was recently brought to my attention that the New Jersey legislature is considering to allow only HVAC (Heating, Venting & Air Conditioning [and Refrigeration] ) technicians to install and service venting systems for all fuel vented appliances. Read page 3, line 22 of the NJ-1016 proposal.

Now, I'm not the least bit involved in New Jersey politics, but from experience working with legislative groups within Virginia, I have some experience in how decisions are made and the process of creating safety codes, working with the tradesman board and defining which trade groups and government officials will enforce these changes. I got enough experience from past participation to know I'm not well suited to participate in this frustrating, politcally-influenced process. To me, right is right and when it comes to chimney and fire safety, you don't cut corners or bow to influential groups. I just don't have the constution to deal with these folks who influence each other via deal making through their personal connections on a daily basis. 'Nuff said.

Once again, please remember this is an editorial, so I'm just stating my opinions based on my own experience.

First, virtually all failures in heating systems, be they hearth appliances or central heating systems, come from either improper installation or improper maintenance. It is a truly rare occurrence that the appliance failure itself burns down a house or causes severe damage to the structure or causes illness/death to the inhabitants. It's usually improper installation of the appliance, a poorly designed venting system or improper maintenance of the appliance/venting system. Simply stated, appliances just rarely blow up or malfunction to the point of causing severe damage. Yes, it happens, but very rarely.

I have been involved in the sales, installation & maintenance of hearth products and their venting systems since 1979. Since the late 1990's we have been selling hearth & related products nationwide on the internet. So in short, I've personally dealt with a lot of plumbers, HVAC technicians, home improvement contractors, building code officials, architects, engineers and chimney sweeps nationwide. Plumbers and HVAC technicians VERY RARELY want to participate in the design or installation of the venting system, and I've yet to meet one who is or wants to be a chimney sweep who will come back out and service the chimney after installation. Again, they probably exist, it's just that I've never met or spoken with one.

New Jersey is just the latest to have been influenced, IMHO, by a powerful lobby group who thinks the average HVAC company or technician wants to suddenly be in the chimney sweeping business, or the repair of masonry chimneys. In Virginia, plumbers are currently allowed by their trade status to install gas logs, but very few actually do; it's a specialty service  that only some companies or technicians wish to pursue, since most are more comfortable dealing with water than with gas. Yes there are exceptions. Simply stated, nearly any plumber is happy to fix a water problem but only a few are willing to install gas burning appliances.

I've had the same experiences with HVAC technicians. They are familiar with central heating appliances and the ductwork that moves air throughout a home, but most don't want to deal with the exhaust and venting system of the appliance on an ongoing basis. I personally have never met or spoken to an HVAC tech who wanted to install a wood stove and its venting system, either, and don't know a single HVAC tech who's ever expressed interest in sweeping a chimney.

What I DO know is that chimney sweeps quite often find appliances and venting systems that were improperly installed. I do know that most of them are qualified to correct inadequacies and have saved many lives by finding and repairing these problems.

Are all chimney sweeps the greatest people on earth? Certainly not. There are many unscrupulous chimney sweeps out there. I know they're out there and am anxious that they either get the proper education to do the job right, employ ethical business practices and take the utmost care in helping to keep your home safe - or get out of the business. Legislating bad business people out of business will not work.

Legislation won't get rid of bad chimney sweeps any more than it will get rid of bad plumbers or bad HVAC technicians. (I personally had a $12,000 HVAC system installed at my own house a few years ago, and it was completely ruined by a poor installation. The owner of the company came to my house after my 5th complaint, screamed at me, and asked if I knew he was a former policeman and had friends on the contractor's board. Well, that just goes back to my own experiences that have influenced my own opinions. I wish I'd paid more and had one of the great guys in town do the job...)

The chimney folks I know, work with and recommend within the chimney service industry are the hard-working men and women who have rebuilt a long-lost trade to help keep your home safer, identified safety issues that have influenced changes in building, fire and safety codes and who have high ideals in what they do. So my opinions are based on knowing the best of the best within this small group.

So, to the powers-that-be in New Jersey, I personally would implore you to make a few phone calls to various New Jersey HVAC companies with existing licenses to operate in your state, and ask if they install or repair chimneys for all fuel burning appliances and if they offer chimney and venting inspection, cleaning and maintenance service. Do they install wood stoves and pellet stoves? I will wager you'll find none, but there could be a few of them out there.

Let's turn around this legislative consideration in New Jersey. Since HVAC contractors may be the only trade allowed to service chimneys, why not make it mandatory that they offer this service IN ORDER TO BE LICENSED AS AN HVAC CONTRACTOR under your new tradesman standards. THEN see if they still want this power proposed under NJ-1016 legislative proposal.

I personally feel that the inspection, sweeping and repair of chimneys is best left to the chimney sweeping industry who has done so much to influence fire and safety codes, perfect the systems to inspect, clean and repair them, and to be a balance in helping monitor how these systems are installed by the companies who did the original work. It's a good process of checks and balances that should stay in place.

-Karen Duke
Webmaster, The Fireplace Channel

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