In 2008, a chimney fire caused significant damage to a residential building in La Sarre, in Abitibi. When the firefighters and the first expert arrived on site, they discovered that the chimney, installed in 1973, had serious defects. The report shows insufficient clearances, the lack of a fire break and the presence of far too much mineral insulation in sections of the chimney that do not need it.
The insurance company that covered the repair costs after the fire is suing the home’s contractor, a carpenter, for reimbursement. For them, the fire was only due to the builder’s poor installation of the chimney.
Duel of expertise
The manufacturer responds by calling in its own expert. In his report, this expert points out a very advanced state of corrosion in the chimney, which rather indicates a serious lack of maintenance. Instead of blaming the contractor for incorrectly installing the chimney, the adjuster blames the various owners for failing to perform the annual inspection and chimney cleaning required by the National Fire Prevention Code.
It is the statements of the various residents of the residence that will clarify the debate. Not only did the chimney not require regular annual cleaning, periods of up to ten years could pass without minimal maintenance.
Negligence that is costly
The court concluded that the fire was due to excessive buildup of creosote, with this substance sticking to the walls of the chimneys. The court added that although the installation of the chimney in 1973 was not carried out in accordance with technical standards, the defects of this installation could not be considered serious defects. The actual defect lies in the negligence of the residents of the apartment in having the chimney swept regularly. As a result, the insurance company received no payment and had to cover the sole reconstruction costs of $35,000 for the home.
Remember, you shouldn’t treat annual chimney sweeping as optional. This is essential maintenance for your chimney that will significantly reduce the risk of fire and also save you from potential legal problems. To avoid taking any risks, do not hesitate to contact your insurer to check your obligations regarding your chimney and keep them informed of any changes. It is better to be as transparent as possible and thus avoid difficulties in settling claims or even an end to insurance cover.