Expert: James Ball - 10/7/2008

Question
I have a marco insert model no.792778E.It was installed with a two-by four frame and they put cement board over that around the backside of the insert. Some of the cement board had holes,(big ones) cut into it for what reason we do not know. It was only hooked to the chimney and there was no stainless steel liner inside. It is a regular masonary chimney. It was plugged in with an extension cord behind built in shelving where it could not be gotten to.  It only had regular stove pipe (not the double lined) hooked to the chimney. We had to tear it out because we were told by several inspectors that it is an extreme fire hazard. We had been burning in it for a year before finding out this was a hazard. The guy we are about to buy the house from says it was installed correctly and was up to code.Is he correct? He told us he would fix it but now that is is torn out he is backing out. Is he obligated to fix it since it was a fire hazard and we were not told about it? Nice guy we are dealing with here.

Answer
Hello Robert, you say "We where told by several inspectors that it is an extreme fire hazard" do you have that in writing? You would never put wood behind an insert, frame it in Cement board with holes? an insert slides into a "working, safe fireplace and is then lined with SS liner or smoke pipe to the first flue tile (I will only do SS liner to the top of the chimney). Either way if the unit is out now and he does not want to "fix it right" the I would say you where buying a house with an insert that he removed so the house would be worth less now and in this market you can shop around. if he does get it "installed correctly and up to code" what code? and did the building department sign off on it? your local building department has the final word on all installs like this...don't take a chance. then  I would have a local Certified Chimney Sweep (www.csia.org, there you can look up by zip code to find one near you) take a first hand look at what you have.
hope this helped
James Ball