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DuraTech Anchor Plate with Damper and DuraChimney II Anchor Plate with Damper

CPSC Recall #10-176 — March 22, 2010

Recall Summary

Recall Number10-176
Recall DateMarch 22, 2010
Remedy TypeRepair
Units AffectedAbout 500
ManufacturerSimpson Dura-Vent Company Inc., of Vacaville, Calif.
Manufactured InUnited States

Where It Was Sold

Dura-Vent distributors to fireplace/chimney contractors and by installers to home builders nationwide from January 2007 through May 2008 for between $100 to $150
depending on the model and size.

Product

DuraTech Anchor Plate with Damper and DuraChimney II Anchor Plate with Damper

Description

This recall involves DuraTech Anchor Plates with Dampers and DuraChimney II Anchor Plates with Dampers. The products are intended for use as a starter section for chimneys in fireplace applications. The dampers allow the chimney to be closed when the fireplace is not in use. Each damper is a short sheet metal vent pipe fitted with a circular damper plate within the vent pipe, and attached to a square anchor plate. The damper plate rotates around an axis rod to control the flow of air through the vent pipe. The damper plates have a weight attached to one side, and a chain attached to the other side. When installed in a fireplace application, the square anchor plate is generally not visible.The DuraTech Anchor Plate with Damper was manufactured in five sizes, as follows:Dura-Vent Product DescriptionDura-Vent Product Number10" diameter DuraTech Damper9914212" diameter DuraTech Damper9924214" diameter DuraTech Damper9934216" diameter DuraTech Damper9944218" diameter DuraTech Damper99542The DuraChimney II Anchor Plate with Damper was manufactured in four sizes, as follows:Dura-Vent Product DescriptionDura-Vent Product Number10" diameter DuraChimney Damper10DCA-APD12" diameter DuraChimney Damper12DCA-APD14" diameter DuraChimney Damper14DCA-APD16" diameter DuraChimney Damper16DCA-APD

Hazard

When the consumer attempts to open/close the damper, it can become stuck in its current position. In addition, some of the dampers were assembled backwards and are set to the closed position when the consumer attempts to open the damper. Both pose risk of carbon monoxide poisoning to the consumer.

Incidents & Injuries

None reported.

Remedy Instructions

Consumers should ensure that their damper is in the open position when the fireplace is in use. Consumers or distributors with defective fireplace dampers should contact Dura-Vent to schedule a free repair. The remaining unlocated recalled dampers were distributed in Washington, California, and Colorado. Consumers and distributors whose dampers were previously inspected and repaired do not need to schedule an additional inspection.

What Should You Do?

Stop using this product immediately. Contact the manufacturer for a Repair at no charge. If you experienced an injury, report it at SaferProducts.gov.

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Frequently Asked Questions

Follow the consumer action instructions in the recall notice above. Most recalls require you to stop using the product and contact the manufacturer directly — either by calling the toll-free number listed in the official CPSC notice or by visiting the manufacturer's website. You generally do not need a receipt or original packaging to claim a remedy. The manufacturer is legally required to provide the remedy (Repair) at no cost to you.

Yes. If you were injured by a defective consumer product — whether recalled or not — you may have grounds for a product liability claim against the manufacturer and potentially the retailer. A recall notice can serve as evidence that the manufacturer was aware of the defect. Injuries that may support a claim include burns, lacerations, fractures, electric shock, choking incidents, and chemical exposure. Most product liability attorneys work on a contingency fee basis, meaning you pay nothing unless you win. Consult an attorney promptly, as statutes of limitation vary by state.

In most cases, no. CPSC-coordinated recall remedies are designed to be accessible without proof of purchase. Manufacturers typically ask consumers to self-certify ownership and may ask for photos of the product or its serial number. Some manufacturers request that you mail in a portion of the product (such as a cut cord or removed component) as proof of disposal. Check the specific remedy instructions for this recall for exact requirements. If you registered your product at the time of purchase, the process is usually even simpler.

If the original manufacturer has gone out of business, the recall remedy may no longer be available through them. In this case, contact CPSC directly at 1-800-638-2772 or cpsc.gov for guidance. If the brand was acquired by another company, the acquiring company may have assumed recall obligations. In some cases where a remedy is unavailable, CPSC advises consumers to safely dispose of the product. If you were injured by the product of a defunct company, consult a product liability attorney — parent companies, distributors, and retailers may still bear liability in some circumstances.

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