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2004 Fire Hazard Update

January 2004

This document is an update regarding the continuing fire and life safety hazard posed by particular furnaces manufactured by Consolidated Industries.

In reading this document, you most likely are involved in the sale or purchase of a home that has a NOX rod equipped horizontal forced air furnace made by Consolidated Industries between 1983 and 1994.  Others of you may have had your furnace "red-tagged" by the gas company or another professional.

Speaking directly to the point, the fire and life safety hazard posed by these 10 to 21 year old appliances dictates that these furnaces be replaced when discovered. 

Repair or alteration of these furnaces is not advisable.  If you investigate this option, consult with a licensed heating, ventilation and air conditioning contractor and ask for a guarantee in writing to protect you in the event of carbon monoxide poisoning or a fire.  Few if any contractors will assume the liability of servicing one of these furnaces.

Reimbursement is no longer available to owners from the manufacturer(s) based on the San Jose Class Action lawsuit; Salah v. Consolidated Industries, et al.; Santa Clara County Superior Court Case No. CV 738376.  The final time limit expired in January 2003 for making a claim under this settlement.

Various homebuilders in the State of California have established a Furnace Recall Program. Their Furnace Recall Program is not part of, nor associated with, the class action lawsuit referenced above. The class action does not cover other recourse that owners may have available to them through their own insurance, against the builder or contractor that installed their furnace or other sources. Owners are advised they may want to consult with an attorney to obtain advice and/or assistance regarding their rights.

In conclusion, replacement is the best option.  Repair or alteration is risky and not advisable in the interest of fire and life safety.  Use a licensed heating, ventilation and air conditioning contractor when replacing your furnace.