Why Dryer Vent Cleaning Laws are Important
The presence of laws is a significant factor encouraging homeowners’ associations and other common interest communities to ensure that their dryer vents are properly maintained. Unfortunately, clogged dryer vents allow flammable particles to collects in pockets along the vent line. Dryer fires are reported frequently, such as recently in Sacramento and Long Beach . Dryer vent cleaning laws are to be seen as valuable in preventing such fires in common interest communities. Unfortunately, there are no dryer vent cleaning laws for condominium associations in California. Condominium owners in particular should take it on themselves to make sure they are in compliance with the applicable laws, and perform regular maintenance of their dryer vents.
Dryer Vent Cleaning Laws At-a-Glance: Federal and State
Dryer vent cleaning laws are not uniform across the United States, which is a traditionally state-regulated industry. The pioneer of dryer vent regulation in the U.S. is California, with their requirement that the dryer vent exhaust, and duct, be inspected and cleaned by a professional at least once a year. Absent a separate law, this adds a substantial amount of work. Codes and regulations enforced by code enforcement officers and Fire Marshals have been responsible for regulating dryer vent performance, maintenance, and cleaning.
In California, most of those regulations have not yet made it into state law and remain an issue that is left up to individual cities and counties. These changes may not yet have made it to the state level, but in California especially, the trend continues to move towards having these types of regulations become part of the state’s building codes. They are also already part of the National Fire Protection Association (NFPA) standards. NFPA is widely known for developing codes in the built environment and their codes tend to be adopted at the local and state levels. Because of the widespread acceptance of NFPA codes, especially in the context of new construction, it would not be surprising if the flow of new dryer vent codes followed suit.
NFPA 211 calls for vent systems to operate safely and effectively. Section 2.5.4. denotes maintenance of the venting system, detailing that each appliance be inspected, and if necessary, the system be cleaned at least once a year. If that does not occur and a fire is caused by the vent system, it stands to reason that the model code will not be of much help for liability purposes. State codes such as the California Health and Safety Code §13114.1 have specific requirements regarding venting systems. These codes can be more helpful in the event of fire and subsequent litigation. If you are a property owner, you may want to consider these laws as a solid reference point when explaining why you should have your vent cleaned once a year.
The majority of the states that do have dryer vent inspection and maintenance laws are in the Northeastern part of the US, specifically the Northeastern coastal states. Some of the earliest fire safety laws requiring annual inspections of dryers and venting stems from Massachusetts. In 2003, after several dryer fires, Boston officials began to issue building codes holding property owners responsible for causing fires because of lack of maintenance on a building’s dryer vent system. Connecticut has similar laws and several other states in the Northeast do as well. These laws can be particularly helpful to commercial property owners who try to argue that the dryer vent assembly is considered part of the appliances individual tenants may use, instead of a fixture of the building.
For multifamily buildings, Local Law 56 and Local Law 80 is the Local Law in New York City. In July 2015, the New York City Council passed two bills, Local Law 56 and Local Law 80, responding to the increased number of fires caused by improperly maintained dryer vents in residential buildings. Between 2008 and 2018, the number of dryer fires in New York City more than doubled, growing from 87 to 223. New York City had the second most dryer fires in the country, only falling below Los Angeles with 225 per year. Both laws require that buildings with three or more occupied units must be inspected on an annual basis, similar to California Laws, and are required to maintain records of such inspections.
Dryer Vent Cleaning Laws: Industry Voluntary Consensus Standards & Codes
In addition to the regulations and laws outlined above, key industry bodies also govern dryer vent cleaning operations. The most commonly used guideline is that of the National Fire Protection Association (NFPA) 211, for chimneys, fireplaces, and vents. The NFPA has also published 45.2, which covers venting systems for clothes dryers and was a result of several studies conducted by the Underwriters Laboratories (UL). Both of these guidelines were incorporated into a report by the International Association of Fire Fighters (IAFF) research foundation, Clothes Dryer Fire Safety notices to Public Fire Service, October 25, 2007. The IAFF has also published a list of preventative measures for reducing the chance of clothes dryer fires, which include: All manufactured vent systems must be listed by a recognized testing laboratory to the appropriate standard, either UL 2158A, or Canadian Standards Association (CSA) 221.2 or 21, or National Sanitation Federation (NSF) 37 for dryer hoods.
Dryer Vent Cleaning Laws: What’s Required of Homeowners Vs. Landlords
The specifics of the legal obligations of both homeowners and landlords can differ significantly, in many cases exempting one category from responsibilities due to agreements with other entities. In Chicago, for instance, property owners are responsible under the Municipal Code of Chicago for providing chimney and vent inspections, but not specifically dryer vent inspections. This responsibility extends to both single- and multi-family dwellings. Recent fires in the Park West neighborhood, where there have been three major fires in six months, have authorities urging local landlords to prioritize their dryer vent inspections, largely agreed to under lease provisions. The requirements get more specific when you deal with landlords. Although Chicago landlords are specifically responsible for conducting these inspections, they are not legally required to do the cleaning. Taking advantage of this loophole, many landlords are content to allow tenants to conduct their own cleaning outlets – situations that regularly bring about problems . Chicago landlords are obligated to conduct biannual inspections on vents and chimneys. A tenant in violation of this section may be terminated for lease, and the landlord has a time frame of between 10 and 30 days to conduct this inspection. After this time limit, the tenant may call an inspection team on their own dime. While it seems logical to have further inspections conducted by licensed professionals, violation notices are given by maintenance staff. Chicago is one of a few highly populated, densely distributed urban centers in the Country, and as such has a number of landlords willing to forego the legal responsibilities they have with their tenants. The application of inspection or service fees onto tenants by landlords isn’t standard practice in many cities, and Chicago is no exception; at the same time, they may feel they should inspect due to their own best interest in protecting themselves and their tenants from a major fire that may find its primary point of origin in the dryer exhaust vent.
Penalty For Violation of Dryer Vent Cleaning Laws
Failing to comply with dryer vent cleaning laws can lead to stiff penalties. Depending upon the particular law or code section violated, fines can be levied. Recent legislation in California allows homeowners to file a lawsuit seeking up to $10,000 in damages against the property owner if the dryer vent was not cleaned prior to an apartment fire. The same rule applies in Texas, but only to the dryer vent servicing those clothes washers in rental multifamily properties.
The potential liability for dangerous fires or explosions caused by inadequate maintenance of dryer vents, especially in the multifamily housing industry, is scary enough. Property owners should never forget that their insurance and risk sharing agreements usually contain something known as an "intentional act exclusion" which could be triggered by noncompliance with applicable law or exerting control over dryer vent cleaning to the extent the exclusion is triggered. A good example is the Firepit case (which I will be discussing in more detail in a later section of this post).
The risk of increased liability in the event of a fire or explosion caused by a poorly maintained dryer vent system is ever-present when property owners or managers exert some degree of control over dryer vent cleaning at their properties.
How to Achieve Compliance with Dryer Vent Cleaning Laws
For homeowners, there are easy actions you can take to ensure the compliance of dryer vent system cleaning requirements. Here are a few steps to keep your home up to regulations. First, check the laundry room for an exhaust vent in addition to the dryer unit itself. If you have a separate vent area, then it is important that you check this area regularly for lint buildup. If this component is stuffed with lint, then there may be a blockage of the system forcing air back into the room instead of outside your home. Second, ensure that the dryer vent is not connected to any other ventilation system. Many new home markets have installed dryers directly into the ventilation system, which can cause the entire home to be filled with lint, dust and debris. For older homes, check to see if the dryer vent is attached to anything. Also check the dryer area to see if it has a need for a lint screen. This is something that can help to prevent the chances of a blockage occurring in the future. Third, check your dryer vent system for distance traveled. In particular, the dryer vent system should be kept as short as possible with as few bends and turns as possible . This will help to keep obstacles from clogging the vents by keeping them clear of debris and lint. Fourth, signs of potential blockage may include unusual noises coming from the vent exit, system vibration, dryer malfunction and heating elements burning out. Keep an eye on these events to quickly act and stop a fire from occurring. Finally, to ensure compliance with dryer vent system rules, you may be required to have the system cleaned by a certified dryer vent cleaning service. There are many professional services in your area that can do this work for you. You may even be able to find some of these services through your local building department, fire department or home improvement centers to help get an idea of the costs and systems available to you for cleaning. It is important to begin taking steps to ensure dryer vent system compliance in your home today. If you do not, it could result in potential fines, legal action and a risk of a house fire, and no one wants to have that problem. Make sure to keep a close eye on your dryer vents and to schedule cleaning services if needed to ensure their compliance and safety.