[Code of Federal Regulations]
[Title 16, Volume 2]
[Revised as of January 1, 2004]
From the U.S. Government Printing Office via GPO Access
[CITE: 16CFR1406.4]

[Page 397-401]
 
                     TITLE 16--COMMERCIAL PRACTICES
 
             CHAPTER II--CONSUMER PRODUCT SAFETY COMMISSION
 
PART 1406--COAL AND WOOD BURNING APPLIANCES--NOTIFICATION OF PERFORMANCE 
AND TECHNICAL DATA--Table of Contents
 
Sec.  1406.4  Requirements to provide performance and technical notice to 
prospective purchasers and purchasers.

    Manufacturers, including importers, of coal and wood burning 
appliances as defined in Sec.  1406.3 shall give notification of 
performance and technical data related to performance and safety to 
prospective purchasers at the time of original purchase and to the first 
purchaser of such products for purposes other than resale, in the manner 
set forth below:
    (a) Written notice on appliance. (1) The appliance shall bear a 
legible notice containing the following performance and technical data.
    (i) Appropriate minimum clearances from unprotected combustibles to 
avoid the occurrence of fire.\2\ The clearances shall include:
---------------------------------------------------------------------------

    \2\ Appropriate distances are to be determined by the manufacturer. 
The Commission expects that test procedures utilized by a nationally 
recognized testing organization would be suitable for determining 
appropriate distances.
---------------------------------------------------------------------------

    (A) Distance from the back and sides of the appliance, and the 
chimney connector, to walls, stated in diagrammatic form.
    (B) Distance to be maintained between the chimney connector and 
ceilings, in either diagrammatic or written form.
    (ii) Type and dimensions of floor protection, if necessary to 
protect combustible floors.
    (iii) Proper type(s) of chimney and chimney connector to be used 
with the appliance. This information should include the proper 
designations so that the chimney and chimney connector are of suitable 
design and construction to withstand the temperature of the flue gases 
and other probable environmental stresses and so that the inside 
dimensions are suitable to adequately vent the products of combustion. 
See Figs. 1 and 2 for examples of an acceptable designation for a 
chimney and chimney connector.
    (iv) Identification of parts or precautions required for passing a 
chimney through combustible walls or ceilings or for passing a chimney 
connector through combustible walls. The following statement is an 
example of one that complies with this requirement:

    Special methods are required when passing through a wall or ceiling. 
See instructions or building codes.

    (v) A statement not to overfire the appliance, and a description of 
at least 1 condition which signals overfiring.
    (vi) A statement of how often the chimney and chimney connector 
should be inspected and that it should be cleaned when necessary.
    (vii) Information explaining that the appliance should be installed 
and used only in accordance with the manufacturer's directions and local 
building codes.
    (viii) A direction to contact local building or fire officials about 
restrictions and installation inspection requirements.
    (ix) A statement that furnishings and combustible materials should 
be kept a considerable distance from the appliance or a statement to 
keep furnishings and other combustibles far away.
    (x) The types of fuel suitable for use in the appliance.
    (xi) The name and address of the manufacturer, importer or private 
labeler to which the owner can write for a copy of the manufacturer's 
directions or for additional information, and a sufficient 
identification of the appliance model so that the appropriate 
information can be supplied.
    (2) No specific wording is required on the written notice, but the 
information shall be printed in legible English in clear and readily 
understandable language. Examples of acceptable labels are given in 
Figs. 1 and 2, appendix I.
    (3) The written notice shall be placed in a location that is 
conspicuous before the appliance is installed. In addition, the written 
information required by paragraphs (a)(1)(v), (a)(1)(vi), (a)(1)(ix), 
and (a)(1)(x) of this section shall be readily visible during normal use 
of the appliance. A label on the back of the stove would not be 
considered ``readily visible'' during normal use if the stove is 
suitable for installation with its

[[Page 398]]

back within a few feet of the wall. Locations within compartments or 
behind doors or panels may be readily visible during normal use if the 
location is readily visible when the door or panel is opened or removed 
and the door or panel must be opened or removed, or the compartments 
used, as part of the normal operating procedures for the appliance. An 
example of a notice format where the information required to be readily 
visible during normal use is separated from the remainder of the notice 
is given in Fig. 1, appendix I. The Commission recommends the use of 
this 2 label format in order to provide more consumer awareness of the 
operation and maintenance information after the appliance is installed, 
since this information would be on a simpler label that would not have 
installation information competing for the consumer's attention.
    (4) The written notice shall be provided so that it will remain 
legible for the maximum expected useful life of the appliance in normal 
operation.
    (b) Directions. All appliances covered by this rule shall be 
accompanied by directions that include the following technical and 
performance information:
    (1) The following notice shall be placed on the first page of the 
document(s) containing the directions and at the beginning of the 
directions:

    SAFETY NOTICE: IF THIS ------ IS NOT PROPERLY INSTALLED, A HOUSE 
FIRE MAY RESULT. FOR YOUR SAFETY, FOLLOW THE INSTALLATION DIRECTIONS. 
CONTACT LOCAL BUILDING OR FIRE OFFICIALS ABOUT RESTRICTIONS AND 
INSTALLATION INSPECTION REQUIREMENTS IN YOUR AREA.


This statement shall be conspicuous and in type that is at least as 
large as the largest type used on the remainder of the page, with the 
exception of the logo and any identification of the manufacturer, brand, 
model, and similar designations. At the manufacturer's option, other 
information may be added to this notice.
    (2) Step by step installation directions shall be provided, 
including all necessary information regarding parts and materials. This 
information shall include an explanation of the consequences which could 
result from failure to install the appliance properly. These directions 
shall include a direction to refer to the chimney and chimney connector 
manufacturers' instructions and local building codes for installation 
through combustible walls or ceilings.
    (3) These directions shall also include a clearly identified section 
containing complete use directions, including what types of fuel(s) can 
be used and how to fire the unit to avoid fire hazards, and a clearly 
identified section containing complete maintenance directions, including 
how and when to clean the chimney and chimney connector. A statement 
that flammable liquids should not be used with the appliance shall also 
be included where applicable. These sections shall contain a description 
of the consequences that could result from failure to use or maintain 
the appliance properly.
    (4) The directions required by paragraphs (b)(2) and (b)(3) of this 
section shall include all the information required by paragraph (a)(1) 
of this section and shall be in legible English in readily 
understandable language. A recommended outline for the directions is 
given in appendix II.
    (c) Catalogs and point of sale literature. Literature for the 
appliance that is intended to induce an immediate order or sale (such as 
catalogs and point of sale literature) and that is provided by the 
manufacturer, shall legibly and conspicuously include the information 
required by paragraph (a)(1)(viii) of this section and shall state the 
appropriate minimum clearances, to avoid the occurrence of fire, from 
the back and sides of the appliance to walls.

    Note: General advertising would not be subject to this requirement.

[[Page 399]]

 Appendix I to Sec.  1406.4--Recommended Format and Wording for Written 
                                 Notice

    The following are examples of formats and suggested wording for the 
written notice required by Sec.  1406.4(a). Information to be supplied 
by the manufacturer is indicated by underlined blank spaces or by 
asterisks. The Commission recommends the ``two label'' format shown in 
Fig. 1.
[GRAPHIC] [TIFF OMITTED] TC03OC91.049


[[Page 400]]


[GRAPHIC] [TIFF OMITTED] TC03OC91.050

     Appendix II to Sec.  1406.4--Recommended Outline for Directions

    The following is a recommended outline for the directions required 
by Sec.  1406.4(b). This outline is a guide and should not be considered 
as including all of the information that may be necessary for the proper 
installation, use, and maintenance of the appliance since the necessary 
information may vary from product to product.
    ``HOW TO INSTALL, USE, AND MAINTAIN YOUR ------''

                          I. Safety Precautions

    A. The Safety Notice required by this rule.
     ``SAFETY NOTICE: IF THIS ------ IS NOT PROPERLY 
INSTALLED, A HOUSE FIRE MAY RESULT. FOR YOUR SAFETY, FOLLOW THE 
INSTALLATION DIRECTIONS. CONTACT LOCAL BUILDING OFFICIALS ABOUT 
RESTRICTIONS AND INSTALLATION INSPECTION REQUIREMENTS IN YOUR AREA.''
    B. Statements of other important safety messages, including:
     ``Creosote may build up in the chimney connector 
and chimney and cause a house fire. Inspect the chimney connector and 
chimney at least twice monthly and clean if necessary.''
     ``Overfiring the appliance may cause a house 
fire. If a unit or chimney connector glows, you are overfiring.''
     ``Never use gasoline or other flammable liquids 
to start or `freshen up' a fire.''
     ``Dispose of ashes in a metal container.''

                      II. Installation Instructions

    A. The parts and materials required, including:
     The size and type of chimney to which the 
appliance is to be connected.
     The size and thickness or gage of metal of the 
chimney connector.
     The thimble or type of connection through a 
combustible wall or ceiling.
    B. The step-by-step directions for installing the appliance and its 
accessories, chimney connector, and chimney. The directions would 
include:
     Clearances from the appliance and chimney 
connector to combustibles,
     Methods to safely join the chimney connector to 
the chimney and how to pass these parts through a combustible wall or to 
pass the chimney through a ceiling.

[[Page 401]]

     The joining of two or more parts to constitute a 
safe assembly such as attaching and securing the chimney connector to 
the appliance and to each adjoining section, and,
     Where required, the parts or materials to be used 
for the floor protector (hearth). The minimum areas to be covered and 
their relation to the appliance should be stated.

                          III. Use Instructions

    A. Recommendations about building and maintaining a fire, warnings 
against overfiring, and condition(s) that signal(s) overfiring.
    B. Caution against the use and storage of flammable liquids, as 
follows: ``Do not use gasoline, gasoline-type lantern fuel, kerosene, 
charcoal lighter fluid, or similar liquids to start or `freshen up' a 
fire in this appliance. Keep these flammable liquids well away from this 
appliance while it is in use.''
    C. Explanation about the use or nonuse of grates, irons and or other 
methods of supporting the fuel.
    D. How to use manual or thermostatic controls.
    E. Explanation about the use of any electrical assemblies including 
care and routing of power supply cord.
    F. Caution about disposing of ashes, as follows:

                            Disposal of Ashes

    Ashes should be placed in a metal container with a tight fitting 
lid. The closed container of ashes should be placed on a noncombustible 
floor or on the ground, away from all combustible materials, pending 
final disposal. The ashes should be retained in the closed container 
until all cinders have thoroughly cooled.
    G. Keep furnishings and other combustible materials away from 
appliance.

                      IV. Maintenance Instructions

    A. How to inspect and maintain the appliance, chimney, and chimney 
connector.
    B. Explanation about the formation and removal of creosote buildup 
in the chimney connector and chimney as follows:

                 Creosote Formation and Need for Removal

    When wood is burned slowly, it produces tar and other vapors, which 
combine with moisture to form creosote. Creosote vapors condense in the 
relatively cool chimney flue, and creosote residue accumulates on the 
flue lining. When ignited, this creosote make an extremely hot fire.
    The chimney connector and chimney should be inspected at least twice 
monthly during the heating season to determine if creosote buildup has 
occurred.
    If creosote has accumulated, it should be removed to reduce the 
chance of a chimney fire.
    C. Explain how to remove creosote.

                              V. References

    A. The name and address of the manufacturer or private labeler from 
which the owner can obtain additional information if needed. Include 
other sources of information as appropriate.
    B. The manufacturer's or private labeler's catalog designations, 
model numbers or the equivalent for the appliance and related parts.

[48 FR 21914, May 16, 1983, as amended at 48 FR 28230, June 21, 1983]