How Should WETT Inspectors Handle The Inspection Of Uncertified Appliances?

Beautiful, yes, code- compliant?

By Ian Myers

Unlisted (Uncertified) Solid Fuel–Burning Appliances

(Canadian Jurisdictional Context, a more detailed explanation to follow the previous article:

' Can A WETT Certified Person 'Certify' an 'Uncertified ' Wood Stove (see below)

1 Authority Hierarchy

Solid fuel installations in Canada operate under the following authority structure:

1. Manufacturer’s certified installation instructions (where applicable)

2. Adopted standards published by CSA Group (e.g., CSA B365)

3. Provincial or territorial building legislation

4. The local Authority Having Jurisdiction (AHJ)

Where an appliance is unlisted (uncertified), item (1) does not exist. Therefore, the installation falls under prescriptive provisions of CSA B365 only where permitted by the Authority Having Jurisdiction.

1.2 Technical vs. Jurisdictional Compliance

The Inspector recognizes two distinct forms of compliance:

A. Technical Compliance

Application of prescriptive requirements contained in CSA B365, including but not limited to:

• Default clearances to combustibles

• Prescriptive hearth protection

• Connector pipe requirements

• Chimney sizing and height criteria

• Clearance reduction systems constructed per code

B. Jurisdictional Compliance

Formal acceptance, approval, or authorization by the local Authority Having Jurisdiction.

Technical compliance alone does not constitute legal compliance.

1.3 Limitation of Inspector Authority

The Inspector:

• Does not possess statutory authority to approve unlisted appliances.

• Does not grant legal compliance.

• Does not substitute for building official review.

• Cannot confirm the code compliance of an unlisted installation absent documented AHJ approval.

Where AHJ approval cannot be confirmed, the installation shall be reported as:

“Unlisted appliance — subject to Authority Having Jurisdiction approval.”

1.4 WETT Inspection Reporting Language

Where an unlisted appliance is observed, the report must:

✔ Identify the appliance as unlisted

✔ State that CSA B365 prescriptive provisions apply

✔ State that AHJ approval is required

✔ Avoid language implying automatic compliance

2 Defensible Report Wording Templates

(You can insert these directly into WETT reports as applicable for clear communication)

Template A – No Evidence of AHJ Approval

This appliance is not certified/listed. Prescriptive requirements of CSA B365 apply to its installation; however, installation of unlisted appliances is subject to acceptance by the local Authority Having Jurisdiction. No documentation of jurisdictional approval was provided at the time of inspection. The installation cannot be considered compliant without such approval.

Template B – Installation Appears to Follow Prescriptive B365

The installation appears to follow prescriptive clearance and construction requirements consistent with CSA B365; however, this does not constitute legal approval. Acceptance of unlisted appliances remains solely within the authority of the local Authority Having Jurisdiction.

Template C – Confirmed AHJ Approval

Documentation indicates the local Authority Having Jurisdiction has accepted this unlisted appliance installation. Technical compliance with prescriptive CSA B365 provisions was evaluated within the scope of this inspection.

3 Chain of Authority Framework

(For Training, Publishing, or Presentation Use)

CSA (Standards Body)

CSA Group

• Develops technical standards (e.g., CSA B365)

• Does not grant permits

• Does not approve individual installations

Provincial / Territorial Government

• Adopts CSA standards into law

• Delegates enforcement authority

Authority Having Jurisdiction (AHJ / AHL)

• Issues permits

• Interprets adopted code

• Accepts or rejects installations

• Holds sole jurisdictional prudence

Installer (WETT or otherwise)

• Performs work

• Must follow applicable standards

• Has no authority to approve own installation

WETT Inspector

Wood Energy Technology Transfer Inc. certified professional

• Evaluates installation

• Reports technical findings

• Does not grant legal compliance

• Does not override AHJ authority

Top → Bottom Flow of Authority

Provincial Legislation

↓Adopted CSA Standards

↓Authority Having Jurisdiction

↓Installer / Inspector

↓Homeowner

Authority flows downward.

Liability flows upward.

4 Professional Risk Statement

You may consider including this protective clause:

The Inspector’s findings represent a technical assessment within the defined scope of inspection. Jurisdictional approval or legality of installation remains the responsibility of the Authority Having Jurisdiction and is outside the Inspector’s authority.