Heatilator Modified and Fire Resulted

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6 Years ago I inspected a Masonry Fireplace in a Century Home. After home owner sold the home there was a fire behind fireplace. Home Owner had modified the fireplace without a Building Permit and had placed combustible wood studs closer than 2 inches. This was determined by Fire Investigator to be the cause of fire. Insurance investigator states in his report that I should have been able to see improper construction through heating vent. Picture attached.

Interesting is the fact that home owner said fireplace had never been modified since his family owned it. But there are steel studs and newer drywall installed around the heatilator. ( I looked on Heatilator website and could not find any product that matches what was installed in fireplace, possibly a heatform and not a heatilator product. )

Older style heatilator of heat form installed. In my mind there would be no view of improper framing through these vents. What are your thoughts?

Regards

Heat vent and steel studs.jpg
 
The way my heatform (not sure if it was a heatilator or not) was constructed, you could not see the framing through the vents. All you could see through the vents is the double wall of the heatform.
 
6 Years ago I inspected a Masonry Fireplace in a Century Home. After home owner sold the home there was a fire behind fireplace. Home Owner had modified the fireplace without a Building Permit and had placed combustible wood studs closer than 2 inches. This was determined by Fire Investigator to be the cause of fire. Insurance investigator states in his report that I should have been able to see improper construction through heating vent. Picture attached.

Interesting is the fact that home owner said fireplace had never been modified since his family owned it. But there are steel studs and newer drywall installed around the heatilator. ( I looked on Heatilator website and could not find any product that matches what was installed in fireplace, possibly a heatform and not a heatilator product. )

Older style heatilator of heat form installed. In my mind there would be no view of improper framing through these vents. What are your thoughts?

Regards

View attachment 304211
Yes unfortunately lots of times there simply is no way for us to know what is buried behind walls. And we can't open up the walls without something indicating a problem