A Legal Furnace Isn’t Necessarily a Safe One
Question: The sale of our home is all tangled up with unreasonable repair demands by the buyers. Their home inspector checked the forced-air furnace in our attic and recommended that we install a propane overflow pan.
Our heating contractor and the local building department have both said that an overflow pan is not required. In spite of this, the inspector insists that a pan be installed for added safety.
We believe the inspector is overstepping his position by influencing the buyers to demand repairs that are not required by code. Our furnace is safe, or it wouldn’t have been approved by the building department. How can we convince this home inspector to be reasonable?
Answer: Your situation is interesting in that both sides of the propane debate are valid: the argument for legal compliance and the case for added safety.
The heating contractor and the building department are correct in stating that an overflow pan is not required. Thus, you are not bound to satisfy your buyers’ demand.
However, you should be aware that with propane gas it is possible to be legal without being safe.
The problem with propane is that it is heavier than air. When leakage occurs in an attic, the vapors do not dissipate, as with natural gas. Propane settles into the spaces between the ceiling joists and becomes trapped by the insulation. A spark or flame is all that is needed to ignite a major explosion.
To prevent this, a metal pan can be installed beneath the furnace to catch leaking propane. An attached pipe then conveys the gas to the outside of the building. Although not required, pans are routinely recommended by propane supply companies, regardless of the omission in the code.
Home inspectors are wise to point out the benefits of an overflow pan but should qualify this advice by informing buyers that a pan is an optional upgrade.
The building code is commonly viewed as a high benchmark for safety and structural integrity, but it should be remembered that the code defines itself as a “minimum standard.”
Its purpose is not to enforce excellence in construction but to prevent gross negligence and substandard building practices. The code addresses many safety-related situations but misses some critical issues relative to propane combustion.
Contractors and municipal building inspectors are responsible for maintaining and enforcing compliance with applicable building codes. But they are not bound to exceed those standards. Home inspectors, on the other hand, are held to higher levels of accountability by a demanding marketplace. Their obligation is not limited to minimum standards but to disclosure of any information that could be of significant consequence to a home buyer.
If the safety of a gas furnace is compromised in any way, regardless of legality, a competent home inspector has no choice but to disclose that condition and to advise effective upgrades. If an accident should result from an inspector’s failure to disclose, code compliance would not provide an adequate excuse, nor would it constitute an effective defense in a court of law.
Run, Don’t Walk, to Fix ‘Over-Fused’ Breaker
Q: The home inspector who checked our house listed two electrical circuits as being “over-fused.” Our electric panel has circuit breakers, not fuses. How can a professional inspector make such an obvious and elementary mistake?
A: The term “over-fused” does not refer exclusively to fuses. It is a technical expression that applies to improper fire protection for an electrical circuit, regardless of whether there are circuit breakers or fuses in the service panel.
The purpose of a circuit breaker or fuse is to disconnect the power in the event of an overload.
For example, let’s say a particular wire is designed to carry 15 amps of electricity. If more than 15 amps are drawn through the wire, overheating will occur. If we connect this 15-amp wire to a 20-amp circuit breaker or fuse, we have created a hazardous condition known as over-fusing.
If an overload takes place, the breaker or fuse will not trip until an excess of 20 amps of power is passing through the circuit. This means that the wire and insulation could overheat, causing a fire in your home. I strongly recommend that the over-fusing in your service panel be corrected immediately. And be sure to have the work done by a licensed electrician.
Got a question about any aspect of the home inspection? Send it to Barry Stone, Los Angeles Times, 540 Atascadero Road, Morro Bay, CA 93442. Queries can also be sent via e-mail to: inspector@fix.net.
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