Need help re Enbridge Gas + non compliant appliances

[billtebbutt]

Way, way off topic,

Our natural gas supplier is replacing meters free of charge, as part of a federally-legislated ruling to ensure accurate management. Meh. The problem is that the subcontractors doing the work are on my property , and have taken great pleasure in issuing non-conformance notices for my water heater exhaust (easy to fix), the gas supply line between the meter and the house (not easy to fix) and the pool heater (too close to the house and therefore a huge fix).

Here's the thing. All of these were to code at the time of their respective installs. It;s simply that the code has changed over time to being more onerous, and these techs are issuing these certificates willy nilly.

It would seem to me that, as long as an appliance was installed correct to code at the time, that there is no way Enbridge can force me to upgrade it to current code - it should be grandfathered. Enbridge is telling me that that is not the case, but I am figuring the gas supply line issue pertains to tens of thousands of homes. Great business for Enbridge's sub trade!

Anyone have any experience with this? Any advice would be appreciated. I am attempting to escalate the issue within Enbridge, FWIW.

thanks you in advance

bt

[R. Pare]

Checking with a cousin how used to be a chief attorney for the Canadian government and now lives in Toronto. Hopefully I'll get an answer back later today.

[R. Pare]

OK - here's what he wrote back:

"I profess no expertise on this issue, but a few thoughts come to mind.

1. The general rule, as I understand it, is that building code requirements do not apply retroactively. The common sense underlying that approach is obvious. That said, a code may specifically provide that it is to be applied retroactively, which I suspect is rare. That said, with respect to renovations, rebuilds and the like, the new code requirements will likely kick in. There are also special considerations that often apply with respect to fire safety codes. There may be a parallel for natural gas lines and heaters.
2. I know nothing about what the rules are with respect to pool heaters, gas lines and the like. However, if I received notices of the type you mention, I would immediately contact the local authority responsible for the enforcement of these requirements (I very much doubt that the workers who handed out the notices can speak to those issues) in order to understand under what authority, if any, these rules are being applied retroactively. More particularly, I would ask for copies of the applicable rules, regulations or code that speak to the issue. I would use the kid glove approach in pursuing these questions with them as I’d be more likely to open the lines of communication."
   
   Best advice - contact the local authorities in charge of the zoning laws Good luck!

[billtebbutt]

Really good stuff Sir - I appreciate this very much.

Which kinda illustrates, again, how useful this forum can be even in unexpected ways.

best
bt

[Rick Kirchner]

yeah, most of the time stuff is not retroactive. Exception is when you sell the house, it might be.

Here's an interesting example:

Building code in California requires the water heater to be strapped. This has been the case since my house was built in 1990. The original strap was just a length of plumbers tape deck screwed to the studs about halfway up. That's the code currently on the books.

When I replaced the water heater 15 years ago I removed the crappy plumbers tape and added a brace that grabs both the inlet pipes in a "y" configuration and is lag-screwed into a stud. This withstood 4.0, 6.8, and 7.2 magnitude earthquakes within 30 hours, but it did loosen the lag bolt.

So, I added a 2x4 behind the upper area of the heater, and lag screwed that into multiple studs, and then increased the size of the lag screw into the 2x4 from the brace. All of this is well beyond the code requirements.

Go to sell the house, and the other guy's ******* realtor wanted a second strap. Turns out that a different government agency - the one dealing with public health - wrote their own requirement which is not echoed in the building codes. The second strap had specific location requirements which limited its placement to about +/- 1/2 inch and made the attachments interfere with a garage sink I had so I put it as close as I could, and the ******* required me to move it to spec - this is just a piece of plumbers tape held with deck screws.....had to remove the garage sink. Too bad so sad mr buyer - maybe you should have a chat with your realtor.

Bottom line - just call up your local county office that handles building inspection. Along with getting the rules (likely online) ask who is allowed to inspect and under what conditions. If these subcontractors are overstepping their bounds, you might be able to get a cease and desist going.

They are probably hoping to make money by doing the repairs to make the homeowners "compliant".