A fire breaks out and destroys a single-family home. Aninvestigation reveals that a chimney sweep cleaned the fireplacesystem 10 months prior. As a claims adjuster, what issues and areasare important to assess? Let's first look at fireplace systems, andthen the duties of a chimney sweep and what areas adjusters shouldreview when it comes to evaluating the potential for subrogationrecovery.

The Fireplace System – “Not PracticallyPerfect”

Most homeowners' familiarity with chimneys comes from seeing themovie “Mary Poppins.” In that movie, set in England, chimneys areswept as a backdrop to the story. However, chimney systems are not“practically perfect in every way,” like Mary Poppins. Chimneyfires are extremely dangerous and pose a serious risk of harm tooccupants as well as concurrent property damage.

There are different combinations of fireplace and chimneysystems. Many are masonry products consisting of bricks, blocks, orstone and mortar, which can have a metal chimney system. Others arelightweight metal chimneys and metal fireboxes commonly known asprefabricated, zero-clearance, or factory-built fireplaces. Hybridsexist, so precise inspections and detailed knowledge of fireplacesis necessary.

Masonry fireplaces can be large structures, and because of theirweight, settlement and rotation are common problems to beevaluated. Settling is often recognized where the firebox makescontact with the facing. There can be open gaps in this areacreated by settlement or during construction, which may permit fireor heated gases to travel into a wall cavity, contacting adjacentcombustibles. Fireplace fires can burn as hot as 2,000 degreesFahrenheit, igniting inappropriately exposed combustibles.

The chimney and firebox should be examined for damage, as jointsin the firebox and chimney system can expand and contract based onusage. All components must be properly inspected to ensure thatthey will not fail, become damaged, or allow a fire or heated gasesto escape.

Factory-built fireplaces became readily available in the last 25to 30 years and are commonplace today. Most are made of sheet metaland sold as complete systems with a specific chimney. Installationmanuals must be obtained to make sure the original installation ofthese fireplaces met the listing requirements. Applicable buildingcodes require that factory-built fireplaces be installed inaccordance with the manufacturer's specifications/listing.Clearances between one-half and two inches of air space arerequired from nearby combustible framing. If the clearance isincorrect, nearby wood may dry out over time and lower the ignitiontemperature of the adjacent combustible framing. If this processcontinues unabated, a fire can result.

The Chimney Sweep – “Jack of All Trades, Master ofNone?”

It is critical for homeowners to have their fireplace systemscleaned and inspected annually or after any sudden/unusual event,including a chimney fire, earthquake, or lightning strike. Cleaningis normally performed by a chimney sweep. Unfortunately, statescurrently do not certify chimney sweeps; one need only obtain abusiness license from the authority having jurisdiction to offerhomeowners their services. Thus, almost anyone can offer chimneysweeping services even though they are untrained and inexperienced.Hence, some sweeps are qualified, and some are not. Consequently,homeowners need to carefully assess before they hire.

Chimney sweeps need to be extremely careful when performingtheir inspection and sweeping activities, due to the risk of harmthat can result from an improper inspection or service of a chimneysystem.

Failure to remove creosote (an unburnt fuel deposited duringwood burning) from hidden or inaccessible areas may result in acreosote-caused fire. It is well known to chimney sweeps andinspectors that these deposits must be removed to avoid chimney andstructure fires caused by ignition of this unburnt fuel.

When ignited, creosote deposits will burn at temperaturesbetween 1,200 and 2,000 degrees Fahrenheit. Creosote fires may alsoresult in sudden thermal shock to the fireplace and chimneystructural components, potentially leading to the transfer of heatto adjacent combustibles during the creosote fire or duringsubsequent normal use.

There are professional organizations to which a chimneyprofessional can belong. One of the more recognized ones is theChimney Safety Institute of America (CSIA), a nonprofit,educational organization dedicated to chimney and venting-systemsafety.

When a homeowner calls for service, it is important to determineexactly what was requested. A chimney professional normallyprovides sweeping that includes a very limited inspection of thechimney system's visible parts, known as a Level I inspection. Thesweep must comply with the applicable NFPA 211 Standard forChimneys, Fireplaces, Vents and Solid Fuel-Burning Appliances. Thisstandard may be adopted by the jurisdictional authority as amandatory code for sweeps to follow. However, if it is not adoptedas a code, it is still recognized as the standard of care to assessif the chimney sweep performed work properly.

Levels of Inspection – “A Spoonful of Sugar Makes theMedicine Go Down?”

NFPA 211 separates inspections into three levels, andcircumstances at a home can impact whether or not a level shouldchange. Unfortunately, most homeowners have no understanding ofinspection levels and may rely on a sweep to make sure thefireplace system is completely safe.

The most basic inspection per NFPA 211 is Level I. This is theinspection that occurs during the sweeping process under normalconditions. A Level I inspection is performed for continuedoperation of the system without a change of use and when areplacement appliance of the same fuel and efficiency is beingconnected. It also typically includes an annual system evaluation.As noted above, a Level I inspection is limited to easilyaccessible portions of the venting system to include portions ofthe connected appliance.

A sweep also checks the readily accessiblestructure and flue portions of the chimney, verifying that the flueis not blocked or significantly restricted.

A Level II inspection is more detailed and more expensive, as itincludes examining accessible areas in crawl spaces, basements, andattics. All accessible areas of the fireplace, chimney,connections, and appliance are inspected. Sweeps also check forproper clearance from combustibles in these areas. Video scanningor other inspection of the interior flue is completed, andevaluation of the chimney system's construction/condition isperformed. However, a Level II inspection does not include removalof a building's permanent parts, such as chase covers, wallcoverings, or siding. This level is used when the conditions of usefor the appliance are changing or when a Level I inspectiondiscloses the need for a more rigorous examination. A homeownershould be advised of the need for the change, as well as theincrease in cost. If a homeowner declines, the sweep should notethe refusal in writing on his invoice/report and recommend thesystem not be used until a more detailed inspection is conducted.Examples of when a Level II inspection is recommended include saleor transfer of property; before a flue is relined; change of anappliance with a dissimilar type, efficiency, or rating; and afteran operating malfunction or external event likely damaged thechimney, such as a fire.

The most comprehensive and detailed system evaluation is a LevelIII inspection, which normally includes accessing concealed areasof the building. Nevertheless, that more meticulous examination islimited to areas reasonably suspected of containing hazards thatcannot be evaluated otherwise.

A Level III inspection covers all the areas included in a LevelI and Level II inspection. Since removal of a home's fixed portionsoccur during a Level III inspection, those must be discussed andapproved by the homeowner.

Guidelines to Assess Sweep Work – “Look Out for AdmiralBoom”

The CSIA offers a certified chimney sweep program, and those whovoluntarily get certified know they are expected to follow CSIAguidelines. Those guidelines can be reviewed to determine if asweep met the standard of care.

A useful CSIA publication is SuccessfulChimney Sweeping, which sweeps can purchase as part ofcertification. The manual includes the six-step sweeping process:preliminary examination; inside preparation and sweeping; fluesweeping and examination; final examination; Level I inspection;and customer review. Those sections can be reviewed after a sweep'swork to see whether the standard of care was met.

A Real-Life Sweep Case

The authors evaluated, handled, and litigated a chimney sweepcase in Southern California, in which a chimney fire occurred at ahome and caused substantial damages. A sweep had serviced the homeabout 10 months before the fire, and the issue was whether he metthe standard of care. An on-scene site inspection was performedwith the sweep in attendance.

Digital photographs of the existing chimney system were taken toinclude down-the-flue. Sweep inspection documents were alsoexamined. At the time of the inspection, shortly after the fire, itwas clear that the smoke chamber in the fireplace system had acreosote-caused fire. Unknown was that the sweep was unable to viewthe entire smoke chamber when he performed his services 10 monthsprior. He could not see into several areas in the smoke chamber inorder to ensure it was creosote-free.

After litigation was commenced and the sweep deposed, it wasdiscovered that those areas in the smoke chamber could not beconfirmed free of creosote buildup after servicing, nor did thechimney sweep use a mirror to check those blind spots. Moreover, hedid not use video inspection of that area, though he was aware suchtechnology was commonly used. As a result, there were significantsubrogation-recovery-based errors identified above and preserved bythe adjuster's immediate fireplace-system investigation.

Adjuster Recommendations –“Supercalifragilisticexpialidocious”

When a major fire loss happens involving a fireplace system, anadjuster should consider evaluating what role, if any, a chimneysweep played in that fire. In order to accurately assess if a sweepmet the standard of care, an experienced chimney sweep consultantshould be retained. All available sweep reports should be obtained,including those of earlier sweeps, to develop a history of thechimney system. Notify the sweep who last performed the work andconduct an inspection after the event. Collect photographs andpreserve any physical evidence. Rapidly investigating may lead to a“supercalifragilisticexpialidocious” subrogation recovery.

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