Let me ask you this: Does the presence of a full backdraft, as demonstrated with a combustion analyzer, represent an immediate danger to the occupants of the building?

By leaving the equipment firing and not shut down, the implication is that the equipment can be left in service until repaired.

The rules for what constitutes proper warning are complex and changing with each court case but suffice it to say telling everyone present is probably one step away from worthless in court. If you are not prepared to remove the smoke pipe and at least verify the flue is not blocked yet you know it is backdrafting, a court would hold a dim view of you leaving the equipment in service. We don't have a copy of the written report so we cannot comment on that. However, when push comes to shove, if you identify an immediate danger and fail to disable it, such as shutting off the breaker to a live exposed wire, you could be liable even though you warned them verbally and possibly in writing. Proper written warning must include not only the hazard but the consequences of the failure to address the hazard and what those ramifications are: Danger! Immediate threat to life and health! Water heater is backdrafting high levels of carbon monoxide, which is a deadly poison and can kill in short order. Do NOT operate this appliance until the entire appliance and venting has been thoroughly inspected, tested including combustion analysis and the carbon monoxide and backdrafting issues resolved. If you simply state the water heater is backdrafting or that backdrafting carbon monoxide is a problem that needs to be addressed, most courts would probably tear you up as a failire to adequately warn. Keep in mind, while there were witnessess present who saw and heard you, it is what is in writing that counts most.

Nick, you tell me, if that was your daughter buying that house out of town where you couldn't be there personally and you found out this water heater was left in service, how would you respond? Would you instruct your daughter to see her doctor to make sure she didn't have CO poisoning or permanent effects from it? What about children and elderly, who are more susceptible?

I'm not being an extremist here. If there is sporadic spillage, that is a hazard that must be duly reported and repaired. But a full backdraft is an immediate danger the same as fire or a gas leak.

Just my two cents worth....
Bob

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