IS THIS A FIRE HAZARD? Please Help with Fireplace Code!!

4 years ago

Our fireplace originally had a brick hearth around it which was removed so we could replace the floor (gut reno). The wood planks of the new floor go right up to the opening of the fireplace, which is like an inch off the floor. I told our GC that this seems like a super fire hazard, and he said he would check with the inspector. So he met with the inspector, and reported that the fireplace is up to code. Can someone please help me figure out if this is up to code requirements (in Los Angeles, if that makes a difference)?? It just doesn't seem safe to me. TIA

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myricarchitect

4 years ago

If you are truly getting no help with enforcement from the local building inspector office for an obvious life-safety issue you can go the the Office of the State Fire Marshal, share your safety concerns and ask them to review it. I doubt your contractor took this issue to the local building inspector at all, or if he did there was a communication fail. This is building inspection 101 stuff and local building inspector offices usually do not like being chastised by the state fire marshal office lol.

I can‘t tell from the pics what all the surrounding materials are and distances to any combustibles, there are rules on what materials are allowed where, clearance to combustibles, on the sides and above, I would want it ALL reviewed now as well as the condition of the old chimney condition and flue design. Warning - You may not like their answers much at all and they probably will take a hard look at the rest of the house for safety and exits and other problems.

Be careful if the builder tries to backpedal and offers to throw some tiles in front of the opening and declare it noncombustible, hearth extensions usually have to be more substantial & thicker than that. I don’t want to quote our own state code since there is always a chance areas can differ and become more restrictive (especially CA, what on earth are they thinking!). You wrote that there was an old masonry hearth extension there before so there is a chance the foundation is structured for this already, but OTOH older fireplaces can be woefully out of current code, and the Fire Marshal isn’t exactly sympathetic with grandfathering existing conditions if there is a life safety issue at stake.

I‘ve been an architect for 20+ years and consider the state fire marshal office an excellent design resource, they have been more than happy to meet and review life safety issues early on in a project so there are no surprises later at the end.

Your homeowner insurance (separate from building inspector and Fire Marshal) have their own red flags they look for, something like this could cause them to refuse to insure your house altogether.

Good luck and I hope there is some way to resolve the issues.

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Comments (16)

User
4 years ago
In my area if it’s gas logs then it would be ok no hearth. We only need fire protection if a real wood burning with the potential of a burning log and ember to fall out
SJ McCarthy
4 years ago
What was your plan (or the designer's plan) that states - with photos and specifications - how the hearth would be dealt with?

Is this a wood burning (fully functional and will be used +++times per year) or is this a gas-conversion?

Wood burning = non-flammable material as the hearth material.

A gas-conversion fireplace = nothing special.
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catlady999
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Even if it is gas, I would share your concern about a flammable surface that close to the heat source. Looks like you could have about a foot of flooring removed and replaced with tile just for your own piece of mind. Will you have a firescreen?
PRO
Patricia Colwell Consulting
4 years ago
Where I live you do not need a hearth for an all gas fireplace so I assume yours is gas you will need glass doors on it for sure
partim
4 years ago
last modified: 4 years ago
These do not apply to gas fireplaces.

https://up.codes/viewer/california/ca-residential-code-2016/chapter/10/chimneys-and-fireplaces#R1001

Main Chamber and Hearth Design

A masonry fireplace featuring a firebox -- the main chamber -- that measures less than 6 square feet requires a hearth extension of at least 16 inches in front of the opening and at least 8 inches to the sides. For a fireplace with a larger opening of more than 6 square feet, the ICC requires a hearth that extends 20 inches or more in front and 12 inches or more along the sides. The hearth design must be at least 2 inches thick.
Jerri Blank
Original Author
4 years ago
It's a wood burning fireplace.
tatts
4 years ago
Well, then, it's not just the hearth that's a problem, but the face of the fireplace too.

And now you're going to have a trip hazard in the floor because you have no allowance for the depth of the hearth so that it's flush with the floor (unless you re-engineer the supports, which is what should be done).
PRO
Flo Mangan
4 years ago
This is unsatisfactory if it is a wood burning fireplace in almost all regards. Your GC should have checked on this before doing anything with this fireplace or flooring. You not only will have a trip hazard with the hearth requirements, but the corners will likely get cracked off from stepping on them. Not going to be easy to fix this. I'm shocked your GC doesn't know the code for wood burning fireplace. I really wonder about the inspector too. Ask for this opinion in writing from the inspector. That could be interesting!
PRO
JAN MOYER
4 years ago
last modified: 4 years ago
You have a GC who doesn't know code for a wood burning firebox in anywhere USA. You have an inspector who doesn't know gas from wood burning codes, are you sure he didn't pull the "inspector" out of a bar a mile away?

You really can't make this stuff up.
PRO
Patricia Colwell Consulting
4 years ago
Honestly this in no way meets code and your contractor is lying to you my guess is he never asked . Get in touch with a fire inspector yourself
partim
4 years ago
Something to consider is whether it's really worth it (money and effort-wise) for you to bring this fireplace up to code. My sister got rid of both her fireplaces when she reno'd, to improve her room layouts. And we live in a much colder climate (Toronto).
catlady999
4 years ago
So many red flags here! Was this job done without permits? Did the GC tell you they weren't needed? He talked to an inspector who said it was OK without even looking at it?

Follow myrica4's advice and get some official inspectors in there to find out what other corners were cut before the GC has final payment. Not fun, but better to know before disaster strikes.
Jerri Blank
Original Author
4 years ago
I’m sorry guys - I think it is being converted to a gas burning fireplace.
PRO
Flo Mangan
4 years ago
Verify. Don’t assume anything when it comes to fireplaces.
PRO
JAN MOYER
4 years ago
last modified: 4 years ago
I’m sorry guys - "I think it is being converted to a gas burning fireplace". .............is this not your firebox?

At any rate, a gas fire, despite hardwood can run right up to the opening, Usually, MUST STILL have three sides of fireproof surround and glass doors. MOST gas inserts will specify the requirements in inches.There are even some that require none on three sides. ............but still have exacting install methods

The point is, you and the inspector must KNOW what you are installing, Or not.

https://www.efireplacestore.com/five-common-contractor-mistakes.html

IS THIS A FIRE HAZARD? Please Help with Fireplace Code!!

myricarchitect

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