Safety Order: Prohibited installation or use of uncertified gas fireplaces manufactured by Canadian Fire Hearth Mfg. Inc. and Luxor Mfg. Inc.

Persona

Technologies

Technologies
Reference number
SO-GA 2013-01
Revision Number
Revision 3

This safety order is issued pursuant to section 31 of the Safety Standards Act. A person affected by this safety order may appeal this order in writing to the Safety Standards Appeal Board within 30 days. The appeal process is set out on the Safety Standards Appeal Board's website at www.gov.bc.ca/safetystandardsappealboard.

Failure to comply with a safety order is an offence under section 72 of the Safety Standards Act.

Part 1: Details of regulated work or regulated product

This safety order is being issued in relation to:

  Regulated Work – General   Regulated Product – General
  Regulated Work – Specific Class   Regulated Product – Specific Class
  Specific Regulated Work X Specific Regulated Product

Part 2: Requirement(s) of this Safety Order

  1. Any gas fireplace manufactured by Canadian Fire Hearth Manufacturing Inc. which does not bear the label or mark from certification agency accredited by the Standards Council of Canada (SCC), including without limitation the “Riviera 66” model fireplace:
    1. Must be immediately removed from operation; and
    2. May not be sold, leased, rented, installed or otherwise used for any purpose within British Columbia.
       
  2. Any gas fireplace manufactured by Luxor Manufacturing Inc. which does not bear the certification seal of a recognized testing agency, including without limitation the “Riveria 66” model fireplace:
    1. Must be immediately removed from operation; and
    2. May not be sold, leased, rented, installed or otherwise used for any purpose within British Columbia.
       
  3. Any gas fireplace manufactured by Canadian Fire Hearth Mfg. Inc. or Luxor Mfg. Inc. displaying a LabTest Certification Inc. certification label associated with the models and serial numbers outside of the numbered range identified in the attached Appendix “A”:
    1. Must be immediately removed from operation;
    2. May not be sold, leased, rented, installed or otherwise used for any purpose within British Columbia; and,
    3. Owners must contact LabTest at: 1-604-247-0444 or through their website: www.labtestcert.com to receive instructions for further action.
    4. Owners must report affected units to Technical Safety BC at: Uncertified Gas Fireplace Notification Form

Note:   LabTest Certification Inc. (LabTest) suspended the listing of Canadian Fire Hearth Mfg. Inc. April 23, 2015. Any gas fireplace manufactured after this date with an attached LabTest label or mark as described in Appendix “A” has a label that has been used without the permission of LabTest. For an image of these certification agency marks and how they may appear on the appliance or manufacturer instructions please see: Directive D-G5 051201 2: Approved Certification Marks for Gas Appliances

  1. Any gas fireplace manufactured by Luxor Mfg. Inc. displaying a QAI Laboratories Ltd. certification label or mark associated with the models and serial numbers outside of the numbered range identified in the attached Appendix “B”: 
    1. Must be immediately removed from operation;
    2. May not be sold, leased, rented, installed or otherwise used for any purpose within British Columbia; and,
    3. Owners must contact QAI at: 1-604-527-8378 or through their website: www.qai.org  to receive instructions for further action.
    4. Owners must report affected units to Technical Safety BC at: Uncertified Gas Fireplace Notification Form

Note: QAI Laboratories Ltd. (QAI) suspended the listing of Luxor Mfg. Inc. November 25, 2016. Any gas fire place manufactured after this date with a QAI label as described in Appendix ‘B has a label that has been used without the permission of QAI. For an image of these certification agency marks and how they may appear on the appliance or manufacturer instructions please see: Directive D-G5 051201 2: Approved Certification Marks for Gas Appliances

5. Any gas fireplace manufactured by Canadian Fire Hearth Mfg. Inc. or Luxor Mfg. Inc. displaying a OMNI-Test Laboratories Inc. (OTL) certification label or mark associated with the models and serial numbers outside of the numbered range identified in the attached Appendix ‘C’:

  1. Must be immediately removed from operation;
  2. May not be sold, leased, rented, installed or otherwise used for any purpose within British Columbia; and,
  3. Owners must contact OMNI Test Laboratories at: 1-503-643-3799 or through their website: www.omni-test.com to receive instructions for further action.
  4. Owners must report affected units to Technical Safety BC at: https://portal.technicalsafetybc.ca/forms/FRM1589
     

Note: OMNI-Test Laboratories Inc. (OTL) suspended the listing of Canadian Fire Hearth Mfg. Inc. December 31, 2010. Any gas fire place manufactured after this date with an OTL label as described in Appendix ‘C’ has a label that has been used without the permission of OTL. For an image of these certification agency marks and how they may appear on the appliance or manufacturer instructions please see: Directive D-G5 051201 2: Approved Certification Marks for Gas Appliances

Part 3: Details of issue (if applicable)

This safety order is being issued due to the following:

  • Gas-fired appliances are required to undergo safety and performance testing in order to be certified to a nationally recognized standard by a certification agency accredited by the Standards Council of Canada. This is a requirement under the Safety Standards Act and Gas Safety Regulations. For information regarding valid certification marks that have been approved for gas appliances in British Columbia, see: Directive # Directive D-G5 051201 2: Approved Certification Marks for Gas Appliances
     
  • Gas-fired appliances which are not certified may pose a hazard to the public when put into service or operation.

Any gas fireplace manufactured by Canadian Fire Hearth Manufacturing Inc. and Luxor Mfg. Inc. that does not bear a valid certification mark of a SCC accredited certification agency currently in use must be immediately removed from operation. All affected fireplaces shall have the gas supply to the appliance terminated immediately in accordance with the CSA B149.1 - Natural gas and propane installation code.

A person who finds any appliance or gas equipment beyond repair or in an unsafe condition must place the appliance or gas equipment out of out of service and promptly notify a *safety officer of its condition and location as required by section 54(1) of the Gas Safety Regulation.

To contact a safety officer call Technical Safety BC contact center at: 1-866-566-7233 or email: contact@technicalsafetybc.ca

*Notification to Technical Safety BC under above sections: 3(d) or 4(d) meets this requirement.

Part 4: Details of ordering Safety Manager or Safety Officer – please read following page

I certify that I am authorized to issue this safety order in accordance with section 15 (d) of the Safety Standards Act or that I have been delegated this power under section 15 (g) of the Safety Standards Act.

 

 

Brad Wyatt
Provincial Safety Manager, Gas

 

 

References:
Safety Standards Act
Gas Safety Regulation
CSA B149.1 - Natural gas and propane installation code

Appendix “A”
LabTest Certification Inc. (LabTest) labeled gas fireplace models with serial numbers outside of the range than those noted in the below table has a label that has been used without the permission of LabTest.

Make Model Serial numbers certified by LabTest.
Canadian Fire Hearth RIV 42 (Riviera) 20980 to 21484
Canadian Fire Hearth RIV 66 (Riviera) 60047 to 60128
Canadian Fire Hearth MB 36 32407 to 34782
Canadian Fire Hearth MB 42 11105 to 11251
Canadian Fire Hearth OD36 40219 to 40295
Canadian Fire Hearth LV (Inserts) 50111 to 50144

Appendix – B
QAI Laboratories Ltd. (QAI) certification labeled gas fireplace models with serial numbers outside of the range than those noted in the below table has a label that has been used without the permission of QAI.

Make Model Serial numbers certified by QAI.
Luxor RIV 42 (Riviera) 21727 to 22066
Luxor RIV 66 (Riviera) 60232 to 60264
Luxor MB 36 35049 to 35257
Luxor MB 42 11300 to 11337

Safety Standards Act:

Safety Orders

31

  1. To prevent, avoid or reduce risk of personal injury or damage to property, a provincial safety manager may, in writing, issue a safety order.
  2. A safety order may be issued to any person in relation to any of the following:
    1. regulated work or regulated products generally;
    2. a specific class of regulated product or regulated work;
    3. a specific regulated product or regulated work.
  3. For certainty, a safety order issued under this section may apply to
    1. regulated work that meets the requirements under this Act,
    2. regulated work that previously met the requirements under this Act or a former Act but does not meet the current requirements under this Act,
    3. regulated products that meet the requirements under this Act, or
    4. regulated products that previously met the requirements under this Act or a former Act but do not meet the current requirements under this Act, including a regulated product that bears a certification mark.
  4. A safety order may specify any requirement that is intended to prevent, avoid or reduce the risk of personal injury or damage to property and may include any of the following orders:
    1. that an existing regulated work or regulated product must be made safe in compliance with the safety
        order;
    2. that a regulated product must be
      1. disconnected from a power source,
      2. uninstalled, or
      3. modified before continued use;
    3. that a regulated product must be operated, installed, manufactured or disposed of only as specified or that
        a regulated product must not be moved;
    4. that current or future regulated work or a regulated product must conform to the terms or conditions of the
        order;
    5. that a person take or refrain from taking any action that a safety manager considers necessary to prevent,
        avoid or reduce a risk of personal injury to persons or damage to property;
    6. that the manufacturer make reasonable efforts to recall the regulated product.
  5. The provincial safety manager must give written notice of the safety order to the following persons:
    1. the manufacturer of the regulated product;
    2. an owner of the regulated product if the identity of the owner is known to the provincial safety manager;
    3. the person in charge of the regulated work.
  6. The notice must state the reasons for the decision and that the person has the right to appeal the decision to the
      appeal board.
  7. Despite section 54, a safety order may not be stayed during an appeal.
Attachment Size
so-ga-2013-01-rev-03-final-may-2018.pdf 100.04 KB