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Safety debate could be explosive

Q. The sale of our home is locked in a debate with the buyers, and it was all started by their home inspector. The house is about 10 years old and has a propane gas furnace in the attic. The home inspector advised installing a propane overflow pan under the furnace. Our heating contractor says this is not a code requirement, and the local building department agrees.

In spite of this, the home inspector says a pan is needed for improved safety. As far as we're concerned, the furnace is safe, or it wouldn't have been approved by the building department. How can we convince the buyers' inspector to be reasonable?

A. In this debate, each side has a valid point. The heating contractor and building department are correct because a propane pan under the furnace was not a requirement when the home was built. The home inspector, on the other hand, made a wise recommendation, as long as it was not stated as a legal requirement. You are not obligated to install an overflow pan, but you should be aware that it is sometimes possible to be legal without being entirely safe.

The problem with propane is that it is heavier than air. When a propane leak occurs in an attic, the gas does not rise and escape through the attic vents, as would a natural gas leak. Propane flows like water, rather than rising. In an attic, it settles into the spaces between the ceiling joists and saturates the insulation. When this happens, a spark or flame is all that is needed to ignite an explosion.

To prevent this, a metal pan can be installed under the furnace to catch leaking propane. A pipe from the pan to the exterior can convey gas leakage out of the building. For this reason, overflow pans are commonly recommended by propane supply companies and by some home inspectors, even though not required by code.

Building codes are commonly viewed as a high benchmark for safety and structural integrity. What many people do not know is that the code defines itself as a "minimum standard." Its purpose is not to advance excellence in construction but to prevent gross negligence and substandard building practices. The code addresses many safety-related situations but misses some critical issues such as propane leakage in an attic.

Contractors and municipal building inspectors are responsible for compliance with applicable building codes, but they are not bound to exceed those standards. Home inspectors, on the other hand, are held to higher levels of accountability by a demanding marketplace. Their obligation is not limited to minimum standards but to disclosure of conditions that could be of consequence to homebuyers.

If the safety of a gas furnace is compromised in any way, regardless of code compliance, a competent home inspector will disclose that condition and advise effective upgrades. If an accident should result from an inspector's failure to disclose a significant condition, the lack of a code requirement would not constitute an effective defense in a court of law.

Experienced home inspectors are aware of hazards involving propane gas and can provide their customers with the benefits of such knowledge. Some may say that code compliance affords adequate propane safety. In this case, that is a lot of gas.

• To write to Barry Stone, visit him on the web at www.housedetective.com, or write AMG, 1776 Jami Lee Court, Suite 218, San Luis Obispo, CA 94301.

© 2017, Action Coast Publishing

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