Chimney and Fireplace Fires

Step-by-step checklist

Identify

• Contact the claim adjuster right away. Ask them to hold the scene and for permission to retain an expert at the client's expense. Note the call in the file.
• On every claim, ask the client whether they want an origin and cause investigator to review the scene, or confirm one is already assigned. Note their answer in the file so the decision is on record.
• Make sure no evidence is touched or moved until the expert has secured the scene
• Get the client's approval for the scene exam cost. Most run at least $1,600 with travel, the day rate, and expenses.
• Find where the fire started: inside the flue, in the framing around the chimney, or at the appliance
• Identify the type: masonry chimney, factory-built (prefab) fireplace, wood stove, or insert
• Ask who built, installed, cleaned, inspected, or repaired it, and when

Hands off until the expert arrives. Nothing at the scene gets touched, moved, repaired, or thrown out until the origin and cause investigator has secured it. Evidence that's moved early can sink the whole recovery.

Notify

• Retain an origin-and-cause expert with chimney and hearth experience
• Put the sweep, inspector, installer, builder, mason, and manufacturer on notice
• Ask the insured not to let the chimney be torn down or rebuilt before the joint exam

Investigate

• Hold the joint scene exam, including the framing and clearances around the chimney
• Pull cleaning, inspection, installation, and permit records
• Identify the fireplace or stove maker and model, and check for recalls
• Review the expert's report

Demand

• Review payments and out-of-pocket costs
• Sort the supports into photos, estimates, invoices, mitigation records, and reports
• Send the full demand packet

Negotiate

• Follow up. No response? Send the second demand.
• Check the statute of repose for older construction
• If liability is accepted, negotiate. If not, review for ADR.

Settle

• Review the release
• Receive payment, issue the deductible and client payments
• Final file review, then close

1. Identify

How chimney and fireplace fires start

• Creosote built up in the flue catches fire
• Wood framing was built too close to the chimney or firebox, and years of heat charred it until it ignited
• A cracked or missing flue liner lets heat or sparks reach the framing
• A factory-built fireplace was installed without the maker's required clearances or parts, or with parts from a different maker
• A wood stove or insert was installed too close to walls or without proper venting
• Sparks or embers escape through a damaged spark screen or chimney cap onto the roof
• Ashes were stored in a cardboard box, a plastic bin, or against the house

Who may be responsible

Responsible parties to consider

• The chimney sweep, and any home inspector who inspected the chimney
• The builder, framer, and mason
• The fireplace, stove, or insert installer
• The makers of the factory-built fireplace, stove, insert, liner, or chimney cap
• A landlord, if the insured is a tenant
• A previous owner's contractor, for work done before the insured bought the home

Identify the fireplace or stove. Factory-built fireplaces and stoves have a label with the maker, model, and listing, usually inside the firebox, behind a panel, or on the smoke shelf. Photograph it. The maker's installation manual sets the required clearances and approved parts.

2. Notify and investigate

Save the chimney. Chimneys are often torn down or rebuilt quickly after a fire. Ask the insured to hold off on demolition until the joint exam, and photograph the framing around the chimney as it's opened up.

Code checks

NFPA 211 is the main standard for chimneys, fireplaces, and wood stoves. It recommends a yearly chimney inspection, and cleaning when needed. Chimneys and fireplaces must keep required clearances from wood framing, and factory-built units must be installed exactly as their maker's instructions say. Local building codes may add their own rules.

Who to put on notice

• The chimney sweep and any inspector
• The builder, mason, and installer
• The fireplace, stove, insert, or liner manufacturer
• Each party's carrier, once known

Evidence checklist

• Photos and video of the chimney, firebox, flue, cap, and the framing around the chimney as it's opened
• The fireplace or stove label and model information
• Pieces of charred framing showing where it touched the chimney
• Chimney sweep invoices, inspection reports, and camera inspection video if the sweep recorded one
• Installation invoices, permits, and the maker's installation manual
• Home inspection report from when the insured bought the home
• Mitigation records for smoke and water damage

Exams

Hold a joint scene exam before the chimney is torn down or rebuilt, with every party notified. Hold a joint lab exam before testing any fireplace, stove, or liner parts.

3. Demand, negotiate, and settle

Liability theories

• Against the chimney sweep or inspector: negligent cleaning or inspection, and breach of contract
• Against the builder, mason, or installer: negligent construction or installation, and code violations
• Against the manufacturer: product defect, failure to warn, and breach of warranty

Defenses to expect

Negotiating and settling

• Chimney sweeps and small masonry contractors often carry low limits. Get their certificates of insurance early.
• Home inspectors often have contract clauses limiting liability to the inspection fee. Read them before counting on that recovery.
• Review the release with the release checklist, then close with the standard closing letter and the deductible reimbursement letter.

4. Letters for this loss

Sources

• NFPA 211, Standard for Chimneys, Fireplaces, Vents, and Solid Fuel-Burning Appliances (NFPA)
• NFPA 211 and your chimney (Chimneys.com)