An independent contractor who was recently audited by TSSA was allowed to choose the three jobs required for the audit. For one of them he chose a job where he assisted me in the install of two unit heaters, in a retail outlet. This was done without my knowledge and without my customer being informed. The subcontractor misrepresented himself to the tenant as being from my company and told them that I was being audited. During the audit the inspector determined that the venting did not comply with the gas code. As a result I was ordered to replace it with B-Vent and the infraction has gone on my record. The subcontractor has walked away without consequence.
I asked and was told by TSSA that this was all perfectly acceptable. I don't understand how this can be as I believe that the misrepresentation is unacceptable under the criminal code of Canada.
The venting was installed in accordance with the manufacturer's CSA certified installation instructions.
http://tech.lennoxintl.com/C03e7o14l/G8VmneZC/506683.pdf (http://tech.lennoxintl.com/C03e7o14l/G8VmneZC/506683.pdf)
The inspector cited Table 8.5 from the B149.1 gas code. (Category 1 appliance - B-Vent) and article 4.1.4 which says that the code book shall prevail when there is a conflict between it and the certified installation instructions. In my opinion there is not conflict as I believe that the vent described in the installation instructions qualifies as a Special Venting System which table 8.5 states is acceptable for equipment that is listed for use with B-Vent.
B149.10 Definitions
Special venting system — a venting system certified with the appliance and either supplied or specified by the appliance manufacturer.
If I have misinterpreted this part of the code, what is the correct interpretation? So far, I have not received an answer to that question from TSSA.
Any comments, opinions or accounts of similar experiences would be appreciated.
Exactly what kind of venting did you use?
The kind that's specified in the instruction manual that I posted a link to. Single wall 26 Ga. C-Vent.
Download the Ontario Technical Standards and Safety Act, 2000 - Here (http://www.hvactechgroup.com/article.php/20070701025210393)
See Section 17(1) - Inspection,
Quote17(1) An inspector may conduct an inspection and may, as part of that inspection, enter and inspect at any reasonable time the lands and premises where any of the things, parts of things or classes of things to which this Act, the regulations or a Minister's order apply are used, operated, installed, made, manufactured, repaired, renovated or offered for sale for the purpose of,
(a) ensuring compliance with this Act, the regulations or a Minister's order;
(b) ensuring that an authorization holder remains entitled to the authorization; or
(c) determining whether a hazardous condition exists. 2006, c. 34, s. 25 (5).
See Section 17(2) - Limitations on power to enter,
QuoteLimitations on power to enter
(2) An inspector shall not,
(a) use force to enter and inspect lands or premises under this section; or
(b) enter any part of premises that are being used as a dwelling, except with the consent of the owner or occupier. 2006, c. 34, s. 25 (5).
See Section 3 - Definitions,
Quote3. In this Act,
"authorization" means any form of authorization under this Act and includes,
(a) with respect to a person, a certificate, identification, licence or registration, and
(b) with respect to a thing, an approval, certificate, licence, permit or registration; ("autorisation")
I'm not a lawyer but it seems they did get permission from the occupier to do the inspection. I think your ex-employee is considered to be an "authorization holder", as he is a certificate holder who installed the equipment in question.
See Section 18(1) - Powers on inspection,
QuotePowers on inspection
18. (1) An inspector conducting an inspection on lands or premises, including the premises of an authorization holder, may,
(a) examine all documents, records and things that are relevant to the inspection;
(b) require a person on the premises being inspected to produce a document, record or other thing that is relevant to the inspection;
(c) use any data storage, processing or retrieval device or system used in carrying on business in order to produce information or a record that is relevant to the inspection and that is in any form; and
(d) on giving a receipt for it, remove any thing relevant to the inspection, including a document, a record, a data storage disk or a retrieval device needed to produce information. 2006, c. 34, s. 25 (6).
(2) REPEALED: 2006, c. 34, s. 25 (7).
You can download the TSSA Compliance Audit FAQ - Here (http://www.hvactechgroup.com/files/ComplianceAudits.doc)
As far as the code interpretation goes, I am referring to the new B149.1-10 code book but your install may have taken place prior to the code change.
The installation manual classifies the appliance as a Category I if it uses vertical venting and a Category III appliance if it uses horizontal venting.
See Clause 8.10.3 & 8.10.4,
Quote8.10.3 - The type of venting system to be used shall be in accordance with Table 8.5.
Quote8.10.4 - A special venting system or a BH venting system shall be installed in accordance with the terms of its listing and the appliance and vent manufacturer's certified installation instructions.
The installation manual, Page 5, states that a single-wall vent connector may be used in all applications between the furnace and the vertical vent pipe. All joints must be secured with at least two corrosion resistant screws. All joints must be checked for gas tightness after installation. Single-wall vent pipe used as vertical vent must not pass through any attic, interior wall, concealed space, or floor. It also states to seal single-wall vent material according to General Recommendations and Requirements section.
The B149.1-10 defines a Category I appliance,
QuoteCategory I appliance — an appliance that operates with a nonpositive vent static pressure and with a flue loss not less than 17%.
Note: This category consists of draft-hood-equipped appliances, appliances labelled as Category I, and fan-assisted appliances for venting into Type B vents.
See Table 8.5,
QuoteListed Category I appliance = Type B gas vent*
Listed equipment with draft hood Chimney = special venting system*
Equipment listed for use with Type B gas vent Listed chimney lining system for gas venting = Type BH or special venting system listed for this appliance*
* See Clause 8.
We need more information before we can say whether or not single wall venting can be used.
What year was the equipment installed?
What type of chimney is it? B-Vent, C-Vent, Masonry etc...
What is the height of the chimney?
How many appliances are vented up that chimney?
Do any appliances have draft hoods?
What are the BTU ratings of the appliances?
As long as the vent has capacity according to the vent tables in Section C, I don't see a problem using a single wall vent connector, as long as it doesn't pass thru a floor or ceiling. Are you using single wall venting as both a vent connector and chimney? Page 6 of the installation manual states that if horizontal venting is used the appliance is considered a Category III appliance, which according to Table 8.5 can use Type BH or a Special Venting System. In your case you cannot use type BH vent (ULC636 plastic vent) so we would need to use a Special Venting System.
See Table 8.5,
QuoteCategory III appliance = Type BH vent or special venting system (Clause 8.10.4)
The manual allows single wall for horizontal venting, but the gas code does not. This might be where the TSSA inspector is using Clause 4.1.4 to enforce the more stringent requirement. It's weird the installation manual, Page 6, says to refer to Table 7 for special venting components, but there is no Table 7. It's actually listed under Table 5 of the installation manual. I think the venting found in Table 5, Special Venting Components, is different than standard 26 GSG single wall vent we sometimes use.
Let me know the exact configuration of the 2 heaters and we can see if following the installation instructions is an option. You can always appeal the decision. See Section 11 of the Technical Standards and Safety Act, 2000,
QuoteAppeals
11. (1) An applicant or authorization holder may appeal to the Divisional Court if, after a hearing, the director,
(a) refuses to grant or to renew an authorization;
(b) grants or renews an authorization subject to conditions or restrictions; or
(c) revokes or suspends an authorization. 2000, c. 16, s. 11 (1).
How to appeal
(2) An appeal shall be made by filing a notice of appeal with the court within 30 days after receiving notice of the director's decision. 2000, c. 16, s. 11 (2).
Decision
(3) In deciding an appeal, the court may order the director to take such action as the court considers proper. 2000, c. 16, s. 11 (3).
Did you get fined? The good thing is you still have a license. I wouldn't worry about them writing something in your file. Clearly this is a confusing situation. There was no incident and nothing was damaged and no one was hurt.
As of 2012 I believe B-Vent can only be used on vertical venting and stainless steel must be used for horizontal venting.
Thank you for this very informative reply.
I was not fined and there were no serious consequences as a result of all of this, other than the cost of replacing the venting and the damage done to my credibility, with my customer.
I fully understand that TSSA has every right to inspect any job as they see fit. The other contractor taking him there, during an audit raises some interesting questions. This person was never an employee of my company. I am an independent contractor and so is he. We have helped each other out on a few jobs. He got authorization from the building occupants because they were led to believe that he was working for me. I don't see this as being any different than a person who shows up at your door, telling you that they are from Union Gas and need to check your water heater.
The purpose of the audit is contractor compliance. I will be audited so that TSSA can be sure that I am complying with the code. Allowing another contractor to choose my jobs for an audit also ensures that I am in compliance with the code. What about the other contractor's compliance and why am I not allowed equal consideration in choosing the jobs that they will audit?
Equipment was installed in late 2012. The new code doesn't appear to have any changes that relate to this matter.
The two unit heaters are vented separately and are in separate areas of the store. There is no horizontal venting whatsoever. Each unit has a vent that comes off of the flue outlet and takes a slight jog with two elbows that are adjusted to approx. 45 degrees to make an offset. There is no pipe between the elbows. Then it goes straight up through the roof and terminates at a height of about 4 or 5 feet, above the roof. (Flat roof). The overall length is 5 or 6 feet. The material used is 26 Ga. Single wall C-vent (smoke pipe). The vents are not shared with any other appliances. There are no draft hoods. Each unit heater is 100,000 BTU/H input.
These heaters were replacements for older heaters with atmospheric burners. The old heaters used 10" B-Vent. As was explained to me, by the manufactures sales rep. the advantage of using these units is the cost savings of the venting systems. It was explained that the existing B-Vent could be used as a thimble so that the cone and/or roof would not require modification. Also, C-Vent is significantly less expensive than B-Vent. The C-Vent was installed through the existing B-Vent as per the diagram in table 3 of the installation manual. The diagram is not entirely clear, however it says to seal the joint between the single-wall vent and the B-Vent termination and the open space between the single wall vent pipe and the outer pipe of the B-Vent termination. There is no mention of a C to B adapter and if such an adapter were used there would be no open space between the single wall vent pipe and the termination. Even if we ignore the B-Vent thimble, there is the required clearance from combustibles (6").
The inspector has told me that under no circumstances, can a single wall vent connector, vent or chimney be used with a category 1 appliance. He has instructed me to replace the single wall vent from the flue outlet to the termination with B-Vent, routing it through the existing, larger B-Vent just as I did with the C-Vent. I have done this.
I have seen a number of these units, installed with C-Vent running through the larger, existing B-Vent, in various areas throughout the province. I would really like to know the answer to this dilemma, one way or another.
If the other contractor billed your business with an invoice from his company I suspect the TSSA inspector is justified in accepting that job for inspection. Maybe if the other contractor is a certificate holder the TSSA is allowed to inspect his work, regardless of who the registered contractor is. The Technical Standards and Safety Act isn't the easiest read. I hope the other contractor split the cost of the venting with you.
It's too bad it wasn't 6" B-Vent, then you could have followed Director's Advisory FS-065-05 (http://www.hvactechgroup.com/article.php/20070429181100239) and used a B-Vent to C-Vent adapter to connect to the unit heater.
QuoteThe inspector has told me that under no circumstances, can a single wall vent connector, vent or chimney be used with a category 1 appliance.
I disagree with this. For example the GSW 6G40 (http://www.hvactechgroup.com/files/GSW.pdf) atmospheric vented water heater manual, Page 5, classifies it as a Category I appliance. I rarely see an atmospheric vented water heater vented with anything other than C-Vent. In your case the unit heater is using vertical venting and operates with a nonpositive vent static pressure. Even mid efficiency furnaces with inducer fans can use a C-Vent connector as long as Table C allows it.
In your case I would follow Table 8.5,
QuoteEquipment listed for use with Type B gas vent = Listed chimney lining system for gas venting
You are using the listed venting, which happens to be 26 GSG single wall venting. It sounds like you have adequately sealed both openings. As long as you use the supplied sheet metal flue transition at the inducer motor you should be able to use C-Vent.
See Clause 8.13.1,
Quote
Clause 8.13.1 - A vent or a chimney serving a single appliance shall provide effective venting and shall be sized
(a) for a single appliance with draft hood the effective area of the vent connector and chimey flue is not less than the area of draft hood outlet, or greater than seven times the draft hood outlet area.
(b) in accordance with good engineering practice, such as by the use of
(i) Table C.1, C.2, C.5, or C.6 of Annex C for a draft-hood-equipped or a fan-assisted Category I appliance; or
(ii) engineered venting tables acceptable to the authority having jurisdiction
If we follow Table C.2 a 6' chimney with a 0' lateral and 4" diameter vent would have a MIN rating of 59,000 BTU's and MAX rating of 151,000 BTU's. Our unit heater is above the MIN and below the MAX rated at 100,000 BTU's. In your case a single wall vent connector can be used, in my opinion.
You're right, the installation manual is really unclear. Look at the horizontal venting in Figure 4. If you were to use 26 GSG venting how do they expect you to install a condensate drain loop? The only way to avoid using the drain loop would be to install a double male adapter and slope the venting downward to the outside. What's a double male adapter? I don't see it listed in Table 5 Category III venting components!?
It's been many years since I've had to deal with metal venting. I hope I haven't misled you. Have you tried emailing the TSSA for clarification? Let me know if you get an answer.
Fuels_Technical_Services@tssa.org
Thank you. This is very helpful. I will make use of the TSSA email link.
Listed? I don't know what is meant by listed. I can't find it under definitions in the code book. I had assumed that it referred to a specific product that was tested and certified by CSA.
QuoteYou are using the listed venting, which happens to be 26 GSG single wall venting.
Does it also refer to a certified system that is specific to a manufacturer such as the C-Vent as it is used here?
I interpret "listed venting" as being either the 26 GSG C-Vent or the Category III venting listed in the installation manual.
So this is more out of curiosity, but I remember receiving an update in the mail a couple years back that was an amendment to the code (section 4 something I believe) saying that if there is a contradiction between the installation instructions and the codebook that whichever is the most stringent must be followed. In this case, the codebook is really saying two different things, is it not?
Yes stringent.
Code book. - 4.1.4
Where a conflict exists between the manufacturer's certified installation instructions and this Code, the
requirements of this Code shall prevail unless otherwise approved.
Ontario Code Adoption Document.
Clause 4.1.4 is revoked and the following substituted for it:
4.1.4 Where a conflict exists between the manufacturer's certified installation instructions and this Code, the most stringent of the two shall prevail.
Stringent is not in the code book definitions so I guess we're supposed to use the english language definition. (Rigorous, strict, exact as opposed to vague, relaxed and loose).
The code book (Table 8.5) says that for a listed Cat. 1 appliance we use B-Vent. Then it says for equipment listed for use with B-Vent we can use a listed chimney lining system for gas venting, Type BH or special venting system listed for this appliance. The code book defines a special venting system as one that is certified with the appliance and either supplied or specified by the appliance manufacturer.
This all seems a bit confusing to me. Vague, relaxed and loose. The manufacturers installation instructions, for the ADP/Lennox unit heaters, give two options for venting. One is for new installations and one is for replacement of an existing unit heater with an existing B-Vent, that was typically used on the older atmospheric heaters. Both options clearly state that 26 ga. C-Vent is to be used. This seems clear to me. Rigorous, strict, exact.
I've discussed this with TSSA technical services. They had this to say about special venting systems: -the manual provides details on material however a special venting system is a type that the manufacturer states "must" be used with their appliance, ie: the "Z" vent system.
It is the position of TSSA that these heaters must be installed with B-Vent only on the vertical portion and not in accordance with the installation instructions.
All of this couldn't be more confusing. I don't know how we are supposed to know what is required when the Canadian Standards Association certifies code books and installation manuals that have conflicting information and TSSA can then amend the codes with terms (stringent) that they interpret as they see fit. Perhaps we should take a lawyer with us on every installation.
Another interesting point is that 26 ga. is not allowed to be used as a vent connector (flue outlet to vertical B-Vent) on these unit heaters. It must be 24 ga.
8.18.1
A vent connector that serves an appliance without flue gas dilution air shall be constructed of materials having corrosion resistance at least equivalent to that of No. 24 GSG (0.60 mm) galvanized steel.
No one seems to be aware of this. The suppliers don't stock it and when I ask for it I get an argument and am told that no one else uses it. It's special order only.
Yeah there really aren't many people that actually use 24 gauge. I was told the same thing at a Don Park location a few years back. The TSSA is such a frustrating organization in general. Hopefully things get sorted out for you.