City of Lawrence

Mechanical Board of Appeals

November 12, 2007 minutes

MEMBERS PRESENT:	Jim Sparkes, Kevin Chaney, Gary Mohr, Mark Jarboe
MEMBERS ABSENT:	Bryan Wyatt
GUEST PRESENT:	Don Denton, Vent-Free Gas Products Alliance via Teleconference
STAFF PRESENT: EX-OFFICIO:	Barry Walthall, Building Safety Manager Patrick O’Brien, Mechanical Inspector

Meeting called to order at 6:37 p.m.

Review and approve minutes from October 15, 2007

After review, Jarboe noted the references to CO² on page three should be CO and not CO².

Staff replied the corrections would be made.

Mohr made a motion to approve the minutes as changed. Sparkes seconded the motion. Pass 4-0.

Discussion of vent-free gas heaters

Discussion began by contacting Don Denton of Vent-Free Gas Products Alliance via teleconference. Denton began by introducing himself and stated he has worked in the gas industry for 31 years.

Introductions were made and Chaney asked Denton if knew of any problems where people had gotten sick or died because of the vent-free heaters.

Denton replied there had been no report of incidence related to vent-free appliances and referred to a letter from the Consumer Products Safety Commission from 2005 confirming there had been no record of incident caused by emissions from vent-free heaters. There was one report of a lawsuit regarding an illness from a vent-free heater but was dropped when it was discovered the water heater in the house was not vented.

Jarboe asked Denton to explain the technology behind the operation of the Oxygen Depletion Sensor (ODS) Device whether or not it was electronic or mechanical in nature.

Denton replied the ODS operation is not electronic in nature but is mechanical. There is an electrical current created from the heat of the pilot. The ODS is a standing pilot that verges on instability all the time. To light the heater, you have to manually press on the gas valve knob to allow the flow of gas through the tube that goes to the pilot. There is an igniter button that sends a spark to light the natural gas. You have to hold down on the gas valve knob which acts as an override until the thermocouple heats up. When the thermocouple heats up it generates an electrical current that controls an electromagnet that works against a spring that turns the flow of gas on and off. Once the thermocouple is hot enough to keep the gas valve on, the button on the gas valve can be let go of. Once the oxygen level starts to diminish, the pilot starts to lift off from the pilot barrel, the thermocouple begins to cool. When the thermocouple begins to cool, it does not generate enough current to hold the spring open that allows the flow of gas to continue and cuts off the flow of gas to the pilot and burner. The ODS has been installed in millions of units in Europe and Japan years before they were ever installed in the United States and are virtually tamperproof. The ODS pilot assembly is distinctly different than a regular standing pilot and the ODS pilot could not easily be replaced with a regular pilot. He also stated there was not any way to modify the ODS pilot by drilling out the orifice.

Sparkes asked Denton about the popularity of the vent-free heater if there was a certain geographical area or are they popular nationwide.

Denton replied the vent-free heaters are legal in all 50 states but can only be sold in 49 states. California regulations do not allow the units to be sold within the state. He mentioned there may be local jurisdictions that do not allow the units due to local ordinances. The units are allowed by every building code including the International Fuel Gas Code and the Uniform Mechanical Code. He stated the number of units in the U.S. is approximately 17 million units. The most popular area would be the southeastern area of the U.S. and the second most popular area would be the Midwest.

Staff stated the research conducted showed the State of Minnesota does not allow the use of the vent-free heaters.

Denton replied the State of Minnesota does not allow the units in homes that were built after a certain date and there are certain restrictions in Minnesota.

Sparkes asked Denton if he knew anything about Lincoln, Nebraska not allowing the use of vent-free heaters.

Denton was not familiar with what every city allowed and did not allow, but would be happy to find out why Lincoln, Nebraska did not allow the vent-free heaters. He also stated the units were only allowed in 22 states as recent as 25 years ago. Over the years building codes have changed to allow the vent-free heaters.

At that time, the teleconference was terminated and Don Denton left the meeting.

Jarboe began board discussion by stating that jurisdictions that do not allow the vent-free units may not have revisited the issue in recent years and have not noted the improvements that have been made.

Chaney stated he is still hesitant about the units because houses are being built tighter. He mentioned a homeowner could purchase several of the vent free heaters and install them in their house and use them for the sole source of heat when they are not allowed to be used as the sole source of heat.

Jarboe asked if these units would require a licensed contractor to install them.

Chaney stated the units could be installed by a Plumbing or Mechanical contractor. He also stated homeowners can install water heaters in there own home and may not install them correctly and without a permit. He stated it does not happen often, but it does happen. It could happen with the vent-free heaters. What if they don’t check the size, what if they don’t pull a permit?

Sparkes agreed with Chaney, the homes are being built tighter now compared to twenty years ago. He also mentioned if there was a way to limit the installation of the heaters to only one unit in a home.

Staff replied there would be volume in most houses to accommodate more than one unit.

Chaney stated the decision to prohibit the vent free heaters was made several years ago and this is the first time the issue has been discussed.

Walthall addressed the board and stated and shared the boards concern with the vent free heaters. He continued the staff report indicates the board should reconsider the decision to prohibit the vent free heaters. He pointed out the safety record of the units. If all safety hazards were removed from houses, houses would probably not have electricity or natural gas serving houses. He added all the major code entities allow the use of the vent free units under certain restrictions. Walthall recommended to the board to reconsider the decision to prohibit the vent free heaters and allow for their use. He also stated any gas or electric appliance could be misused, but it was not a good enough argument to prohibit the vent free units.

Chaney responded to Walthall that he understood what he was trying to say, but there have always been local amendments that prohibited certain products that utilized new technology.

Walthall agreed there has only been one person come forward wanting to use the vent free units, but how many does it take. Walthall added the board will find it difficult to defend the amendment to the City Commission.

Jarboe stated he understands the concern is the carbon monoxide due to inefficient fuel combustion and the unit has a device to shut off the pilot when the oxygen drops below a certain level.

Sparkes asked if the vent free units were allowed, then someone buys a vent free heater at a garage sale with no safety devices, what will stop him from installing it in their home.

Jarboe responded people are probably doing that now.

Walthall responded if the vent free units are allowed the City would review the installation of the unit when the homeowner pulled a permit. The inspector would not allow the installation. There is a good chance the homeowner would not pull a permit for the installation. With allowing the vent free units, there is the opportunity for homeowners to do things correctly and pull a permit and have the installation inspected for compliance with the City code.

Jarboe stated if homeowners buy these products and install them properly, they are going to be fine.

Chaney suggested the board revisit the issue at the next meeting allowing them, but coming up with provisions to be added in the code along with the amendment like permanently wired carbon monoxide detectors and not allowing them to be installed in bathrooms and bedrooms. He also stated that without some type of provision, he would not feel comfortable allowing them. Gas appliances have never been allowed to be installed in bedrooms or closets unless they were sealed combustion direct vent type units pulling combustion air in from outside. Why should the code change now even for this product.

Chaney made a motion to table the issue to have a full board to get Wyatt’s input and a have a full board vote. Seconded by Sparkes. Pass 4-0.

Miscellaneous

Sparkes brought up the equipment sizing issue and would like to make sure the homeowner is getting a good product.

Staff responded the board has taken a step in the right direction in requiring the submittal of paperwork calculating what will be installed.

Adjourn

Motion to adjourn made by Chaney, seconded by Mohr, pass 4-0. Meeting adjourned at 7:28 p.m.