Legal Question in Construction Law in Missouri

I am an owner of a 45 year continuous running chimney cleaning, masonry business... we specialize and have the entire time of replacing clay tiles in existing chimney abiding by all set codes, until about 10 years ago nfpa 211 (code book) added this clause...

7.2.10.1 Fireclay flue liners shall be installed ahead of the

construction of the chimney as it is carried up.

If my grandfather as well as my 65 yr old father predate this are we grandfathered in?


Asked on 1/30/13, 8:44 pm

1 Answer from Attorneys

Anthony Smith LawSmith

When something is "grandfathered" in, it means the condition is already in place. Replacing tiles us putting something in. If the rule is set in 2012, then any chimneys lined after that, must comply with the rule. Processes are almost never waived in. So even if you've been using one type if tile fir a hundred years, any new tile work must meet the same chide as a company that just started yesterday.

Good luck.

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Answered on 1/31/13, 2:42 am


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