Prohibited Installation or Use of Uncertified Gas Fireplaces by Canadian Fire Hearth And Luxor Mfg. Inc.

Safety Order

Safety Order: Prohibited Installation or Use of Uncertified Gas Fireplaces by Canadian Fire Hearth And Luxor Mfg. Inc.

April 30, 2024

Safety Order
Gas

Reference Number:

SO-GA 2013-01

Revision Number:

Revision 04



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 XSpecific Regulated Product

 

Part 2: Requirements(s) of this Safety Order

  1. Any gas fireplace manufactured by Canadian Fire Hearth Manufacturing Inc. that does not bear a label or mark from a certification agency accredited by the Standards Council of Canada, including the “Riviera 66” model fireplace without limitation must:
    1. be immediately removed from operation; and
    2. not be sold, leased, rented, installed, or otherwise used for any purpose within British Columbia.
  2. Any gas fireplace manufactured by Luxor Manufacturing Inc. that does not bear a label or mark from a certification agency accredited by the Standards Council of Canada, including the “Riviera 66” model fireplace without limitation must:
    1. be immediately removed from operation; and
    2. 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” must:
    1. be immediately removed from operation;
    2. not be sold, leased, rented, installed, or otherwise used for any purpose within British Columbia;
    3. have owners contact LabTest at: 1-604-247-0444 or through their website: labtestcert.com to receive instructions for further action; and
    4. have owners report affected units to Technical Safety BC at: https://portal.technicalsafetybc.ca/forms/FRM1589.

Note: LabTest Certification Inc. suspended the listing of Canadian Fire Hearth Mfg. Inc. on April 23, 2015. Gas fireplaces manufactured after this date with an attached LabTest label or mark as detailed in Appendix “A” have a label that has been used without their permission.

  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” must:
    1. be immediately removed from operation;
    2. not be sold, leased, rented, installed, or otherwise used for any purpose within British Columbia;
    3. have owners contact QAI at: 1-604-527-8378 or through their website: qai.org to receive instructions for further action; and
    4. have owners report affected units to Technical Safety BC at: https://portal.technicalsafetybc.ca/forms/FRM1589.

Note: QAI Laboratories Ltd. suspended the listing of Luxor Mfg. Inc. on November 25, 2016. Gas fireplaces manufactured after this date with a QAI label, as detailed in Appendix ‘B, have a label that has been used without their permission.

  1. Any gas fireplace manufactured by Canadian Fire Hearth Mfg. Inc. or Luxor Mfg. Inc. displaying an OMNI-Test Laboratories (OTL) certification label or mark associated with the models and serial numbers outside of the numbered range identified in the attached Appendix ‘C’ must:
    1. be immediately removed from operation;
    2. not be sold, leased, rented, installed, or otherwise used for any purpose within British Columbia;
    3. have owners contact OMNI Test Laboratories at: 1-503-643-3799 or through their website: omni-test.com to receive instructions for further action; and
    4. have owners report affected units to Technical Safety BC at: https://portal.technicalsafetybc.ca/forms/FRM1589.

Note: OMNI-Test Laboratories Inc. suspended the listing of Canadian Fire Hearth Mfg. Inc. on

December 31, 2010. Gas fireplaces manufactured after this date with an OTL label, as detailed in Appendix ‘C,’ have a label that has been used without their permission.

To view recognized and approved certification agency marks for gas appliances refer to directive: Certification and approval marks for gas appliances in B.C.

This order requires all identified gas fireplace models currently in use to have the gas supply to the appliance terminated immediately in compliance with the CSA B149.1 Natural gas and propane installation code.

Distributors, licensed gas contractors and fireplace owners must consider operation of the identified gas fireplaces to pose an immediate hazard and comply with the requirements under Gas Safety Regulation section 54 for an unrepairable appliance.

To notify a Technical Safety BC regional gas safety officer contact us at: 1-866-566-7233 or https://www.technicalsafetybc.ca/contact/contact-us

Notification to Technical Safety BC under sections: 3(d), 4(d) and 5(d) meets the notification requirement under Gas Safety Regulation section 54.

Please be advised that if the affected unit is within the local government jurisdiction as outlined on information bulletin,  IB-GA-2018-01, please also report to the local government authority. 

 

Part 3: Details of issue (if applicable)

This safety order is being issued due to the following: All – owner’s, installers, and retailers.

  • Gas-fired appliances are required to undergo safety and performance testing 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.
  • Gas-fired appliances that are not deemed certified may pose a hazard to the public when put into service or operation.

 

Part 4: Details of Ordering Safety Manager or Safety Officer

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.

 

 

Provincial Safety Manager - Gas

 

Refereces

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

 

Appendix "A"

LabTest Certification Inc. (LabTest) labels attached to gas fireplaces with serial numbers outside of the range than those noted in the table below have been used without their permission.

MakeModel Serial numbers certified by LabTest.
Canadian Fire HearthRIV 42 (Riviera)20980 to 21484
Canadian Fire HearthRIV 66 (Riviera)60047 to 60128
Canadian Fire HearthMB 3632407 to 34782
Canadian Fire HearthMB 4211105 to 11251
Canadian Fire HearthOD3640219 to 40295
Canadian Fire HearthLV (Inserts)50111 to 50144

Appendix "B"

QAI Laboratories Ltd. (QAI) labels attached to gas fireplaces with serial numbers outside of the range than those noted in the table below have been used without their permission.

MakeModel Serial numbers certified by QAI.
LuxorRIV 42 (Riviera)21727 to 22066
LuxorRIV 66 (Riviera)60232 to 60264
LuxorMB 3635049 to 35257
LuxorMB 4211300 to 11337

Appendix "C"

OMNI-Test Laboratories Inc. (OTL)) labels attached to gas fireplaces with serial numbers outside of the range than those noted in the table below have been used without their permission.

MakeModel Serial numbers certified by OTL.
Canadian Fire Hearth / LuxorMB 365000 to 8201
Canadian Fire Hearth / LuxorMB 368251 to 9999
Canadian Fire Hearth / LuxorMB 3615100 to 15275

 

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:
    (a) regulated work or regulated products generally;
    (b) a specific class of regulated product or regulated work;
    (c) a specific regulated product or regulated work.
 (3) For certainty, a safety order issued under this section may apply to
    (a) regulated work that meets the requirements under this Act,
    (b) regulated work that previously met the requirements under this Act or a former Act but does not meet the current requirements under this Act,
    (c) regulated products that meet the requirements under this Act, or
    (d) 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:
    (a) that an existing regulated work or regulated product must be made safe in compliance with the safety order;
    (b) that a regulated product must be
        (i) disconnected from a power source,
        (ii) uninstalled, or
        (iii) modified before continued use;
    (c) that a regulated product must be operated, installed, manufactured or disposed of only as specified or that a regulated product must not be moved;
    (d) that current or future regulated work or a regulated product must conform to the terms or conditions of the order;
    (e) 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;
    (f) 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:
    (a) the manufacturer of the regulated product;
    (b) an owner of the regulated product if the identity of the owner is known to the provincial safety manager;
    (c) 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.
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