City of Lawrence

Mechanical Board of Appeals

January 14, 2008 minutes

MEMBERS PRESENT:	Bryan Wyatt, Kevin Chaney, Gary Mohr, Mark Jarboe
MEMBERS ABSENT:	Jim Sparkes
GUEST PRESENT:	Steven Watts, Bill Schweitzer, IAPMO
STAFF PRESENT: EX-OFFICIO:	Barry Walthall, Building Safety Manager Patrick O’Brien, Mechanical Inspector

Meeting called to order at 6:35 p.m.

Review and approve minutes from November 12, 2007

After review, Chaney mentioned one of his concerns was not included in the minutes regarding him not feeling comfortable about allowing the vent free units without additional restrictions above the code requirements.

Staff replied the corrections would be made.

Mohr made a motion to approve the minutes as amended. Chaney seconded the motion. Pass 4-0.

Discussion of vent-free gas heaters

Chaney began discussion by stating he still did not feel comfortable allowing the vent free heaters as it is written in the text of the code. The current code does not allow gas appliances to be installed in bedrooms or bathrooms unless they are sealed combustion. He stated he does not feel comfortable allowing the units in a bedroom or bathroom. He stated he would not be opposed to them being installed in the rest of the house. He suggested any room that had a vent free unit installed would need to also have a permanently wired carbon monoxide detector.

Wyatt apologized for missing the last meeting and would like to hear Mohr’s opinion on the vent free heater.

Mohr stated he is not opposed to the vent free heaters as long as they have the current protection requirements on them. He would not object to an amendment restricting the units in bedrooms and bathrooms.

Staff pointed out before the code was amended, the international code allowed vent free heaters in bedrooms and bathrooms, but were limited size to 6,000 btu’s for a bathroom and 10,000 btu’s in a bedroom.

Chaney replied he did not feel safe allowing any gas burning appliance in a bedroom or bathroom unless it is a sealed combustion unit.

Mohr suggested making an amendment that would not allow vent free heaters in sleeping rooms.

Chaney confirmed the vent free heater could no be used to heat the whole house.

Mohr replied the code does not allow the units to be the sole source of heat.

Staff replied the code restricts the vent free heater to not be use as the only source of heat and additionally the International Property Maintenance Code does not allow them as the only source of heat. The IPMC regulates the rental housing ordinance, so there was less likelihood a rental unit would be using them as the sole source of heat.

Chaney asked the board about the possibility of requiring a permanently wired CO detector in any room that had a vent free heater installed.

Wyatt asked Chaney if he was meaning a hardwired detector.

Chaney replied yes a detector that was hardwired 120 volt with battery backup.

There are already smoke detector in the house, there was no reason not to increase safety by installing a CO detector.

Mohr stated he was not comfortable with CO detector because they tend to give so many false alarms.

Wyatt agreed, he was also curious about the hardwired CO detectors.

Mohr stated the vent free heater did not need electricity to operate, so a battery operated detector would be more beneficial in a situation where the heaters may be used more during a power outage. Also with a hardwired detector, it means a person would need to hire an electrical contractor to install a circuit for the detector.

Chaney stated a person could install a combination smoke/CO detector in the place of an existing smoke detector and not need to install any permanent wiring.

Staff asked Walthall when permanently wired smoke detectors were required in homes.

Walthall replied the late 1980’s is when they would have been required to be hardwired.

Staff mentioned to the board that any house that was built before the requirement of hardwired smoke detectors may not have a place available to install a combination CO detector and then would still require a new circuit to be installed.

Walthall mentioned a new combination detector may not be compatible with a hardwired smoke detector system. He also mentioned the misuse of the vent free heater would be more common in rental property. He also stated requiring a battery operated CO detector would be a good option.

Wyatt stated the only CO detector product he has found reliable is the NightHawk brand detector. He asked if there were any other areas in the building code that will require CO detectors be installed.

Walthall replied there may be a requirement in the code within the next ten years.

Jarboe stated he thought with the oxygen depletion pilot the CO detector is redundant. The vent free heater will not work if there is not enough oxygen in the air. He would agree to not allowing vent free heaters in bedrooms and bathrooms, but the CO detectors seem to be unnecessary.

Chaney also recommended requiring the vent free units to be hard piped and not allow flexible connectors.

Wyatt stated he would agree not allowing the units in bedrooms and would also be open to the CO detector.

Jarboe mentioned the consumer guide to vent free gas products gives locations the heaters can be used and excludes mention of bedrooms and bathrooms as a recommended use.

Mohr stated that most of the units appear to be a permanently installed variety and not used in a portable application. He suggested requiring the units to be permanently installed.

Wyatt stated he believes the safety record so far has been acceptable.

Chaney opened the discussion to public comment.

Steven Watts began by stated he is surprised at the level of scrutiny in regards to safety these units are getting. The units are accepted by the international standard and throughout the United States. If the issue is safety, then any house that has gas heating needs to have a CO detector in every room. There has not been one reported death since the oxygen depletion devices have been required on the units. He would like to have one of these units in his home to cut down on his heating bills. He stated he does not understand the fear of these devices that have been allowed by the international standard. One can find any reason these devices are not safe, just like putting two inches of water in a bathtub can drown people. He would like to install one of these units, but he can’t because the City does not allow them.

Wyatt stated he agrees with many of the things Watts has said. The board is not trying to regulate everything. One of the few duties of this board is to make amendments to the code. He stated anytime the board had made amendments to the code, the amendments have been more stringent than the existing code. Wyatt stated he is for allowing the units other than in bedrooms and bathrooms. He is not totally committed to the CO detector but would not hold up the vote because of it.

Watts stated he understands the position the board is in and knows the City Commission depends upon the board to make recommendations. He understands the board wants to make the right decision. He said he is ok with requiring CO detectors, the problem is there is no standard that regulates when they are to alarm and when they are not. He appreciated the board’s willingness to reexamine the units and make a recommendation.

Wyatt asked Watts if he would be opposed to a recommendation allowing the units, but not in bedrooms or bathrooms.

Watts replied he would not be opposed to that.

Wyatt stated at least with allowing the units, there will at least be regulation of the units because people will install the units regardless of them being allowed.

Watts asked if there is a concern with the units in bedrooms or bathrooms then why were they not written into the international standard.

Staff replied the International Code limits the size of the units in bedrooms and bathrooms.

Jarboe stated the manufacturer recommends a CO detector be installed in every home for safety.

Chaney made a motion to repeal and revise the current amendment prohibiting vent free heaters and allow them but excluding them from bedrooms and bathrooms and requiring at least one carbon monoxide detector in the house. Seconded by Jarboe. Pass 4-0.

Miscellaneous

Staff mentioned to the board the new flat fees for residential equipment changes were implemented on January 1, 2008. The flat fees are higher than the calculated fees for a comparable job on a commercial permit. Staff stated the situation would be monitored for possible review of the flat fee amount.

Chaney stated he is happy that he knows exactly what the fee will be and will not have to try and calculate it.

Adjourn

Motion to adjourn made by Mohr, seconded by Chaney, pass 4-0. Meeting adjourned at 7:20 p.m.