Select HUD NSPIRE January 2025 Newsletter: Electric Heater Clearance…the Truth

I have to start the year by correcting the misinformation on a video that has been circulating alleging that HUD claims electric heaters are exempt from the 3 foot clearance requirement under the Standard, Flammable and Combustible Item Standard.  This is a LIFE-THREATENING (not Severe) Deficiency.

 
The video showed HUD quoting information from the Standard…not actually answering his question. 
What was the question?

What was HUD’s answer (allegedly)?

And his interpretation?

Let me explain…
 

1. HUD does indeed state in the Standard the following:

• The key word is COMPONENTS.  An electric baseboard or wall heater is an APPLIANCE that contains electrical components. 
• If electric baseboard and wall heaters are exempt due to having electrical components, then ALMOST EVERY GAS FURNACE would also be exempt because 95% of them need electricity to operate (they have electrical components too)!  
• This statement is in the Standard for one reason and one reason only…because the old UPCS Compilation Bulletin called outlet receptacles, switches, etc. potential ignition sources to be cited under Flammable Materials Improperly Stored.

2017 UPCS Compilation Bulletin Page 94:

This is why inspectors used to cite hair spray too close to the bathroom outlet!
Under NSPIRE, HUD no longer wants the inspectors to consider electrical COMPONENTS (i.e. outlet receptacles, switches, breaker panels, lighting) as potential ignition sources.
 

2. The deficiency specifically states, “…within 3 ft of an appliance that provides heat for thermal comfort.” 

HUD is very specific on what they consider appliances that provide heat for thermal comfort.It’s an Affirmative Habitability Requirement that a PERMANENT heat source be provided for every unit.
From the NSPIRE Final Rule, Supplemental:
 

            From the HVAC Standard:

 
Conclusion?
Electric heaters are ABSOLUTELY “appliances that provides heat for thermal comfort.”

Why does HUD require 3 Feet Clearance?
Because most of the new electric wall heaters have a 3 feet clearance requirement.  Yes, an electric wall heater is considered an APPLIANCE.

 
Most standard electric baseboard heaters typically have a 12-inch clearance requirement per the manufacturer’s instructions, and hydronic (water based) heaters are exempt because they never get hot enough to need fire clearance. Fan-assisted electric baseboard units typically DO have a 3-foot clearance requirement. However, inspectors are not trained on these facts.
CHECK THE MANUFACTURER’S MANUAL!!!
If your heaters have less than the 3-feet clearance requirement, you can appeal (or mitigate the deficiency) with the manufacturer’s manual showing your clearance requirement is less than HUD’s Standard and is currently being adhered to.  EASY!
 

Guess what?  When residents purchase PORTABLE electric space heaters…those are “appliances that provide heat for thermal comfort” and most of those require 3 feet clearance.  You could try an appeal for “resident-owned items,” but the NSPIRE Final Rule Admin Notice states on Pg 6:

 
 
Resources
HUD has PDFs (videos are currently down) on how to appeal and how to close out H&S deficiencies here:
NSPIRE Toolkit
**Remember, if you will be appealing something,
your “defect mitigation in 24 hours” is that you are appealing…not that you fixed it!**
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