Damper clamp on on older fireplace

I did an inspection on a house with an older fireplace that was converted to gas. The damper was the older style with a notched handle that allowed it to be stopped in 4 different locations. I called it out as a defect since it did not have a "damper stop" which doesn't allow it to close all the way. This is required on gas fireplaces to help keep the user safe if they forget to manually open the damper. The seller is refuting this by saying that since there are stopping points on the handle, there is no need for another device to be installed such as a damper clamp. I disagree but just want to get this correct. Any opinions out there on this? Thanks

If it's a gas fireplace, and the damper can be closed, I believe you made the right call.

It's a $3 C clamp from Home Depot...I'm almost in disbelief you're getting a call on that one!

It needs a mechanical device to keep it open. In Massachusetts it needs to be welded open or removed completely.

I think you made a good call.

Thanks guys. I'll try again to explain this to the agent! Thanks for the quick responses.

Jamie- I'm thinking that offering to go put one on will make you the freaking hero to both. Just a thought...

That's an idea since neither agent has a clue what I'm talking about.

This message was edited 1 time. Last update was at 07/03/2014 03:26 PM EDT

I carry 4 to every inspection. I don't always put them on.

Bill wrote:I carry 4 to every inspection.

I like that idea

Troy Pappas wrote:

Bill wrote:I carry 4 to every inspection.

I like that idea

Kind of like carrying a dozen sink drain stoppers.

For years, my narrative had referred to a "c-clamp-type device." Well, I finally ran across one.

Nice! Hey it works!

Cool, just had this question this week when I called out the same thing.