In Quebec in particular, most homes are equipped with at least one water heater to provide hot water to occupants. The electric storage water heater is, without a doubt, the most common model.

This type of water heater essentially consists of a steel tank filled with water and equipped with electric heating elements. Corrosion, poor welding, and inadequate vitrification of the inner tank are common factors that can lead to water leaks in this type of appliance—sometimes well before the end of its useful life. This unit is best installed in the basement, on a concrete floor and not far from a floor drain, to minimize damage in the event of a water leak.

Unfortunately, it is not always possible to have such an installation. In fact, the unit is often installed in a hard-to-reach location within the home—and, more importantly, in a place where the risk of property damage is higher in the event of a water leak.

Some manufacturers disclaim all warranties for their products and all liability for damage caused by the appliance in the event of a water leak if the numerous criteria specified in their installation manual are not followed. We have noticed that the criteria imposed by these manufacturers are, in general, much stricter than those prescribed by the Quebec Building Code, Chapter III—Plumbing. For example, after consulting a manufacturer’s manual, we note that the water heater must be installed in a drip pan equipped with a drain pipe that discharges into a nearby floor drain in order to comply with the Code. This requirement must be qualified.

According to recent versions of the Code, a water heater installed without a drip pan on a non-wood floor is acceptable. Installing a water heater in a drip pan without a drain pipe, when there is no floor drain, may also constitute an acceptable installation.

In our experience, these situations represent many of the installations carried out in Quebec. It is therefore reasonable to assume that for many existing properties, such as condominiums, it may be difficult—given the high costs involved—to install a floor drain in the room where the appliance is located.

Therefore, a water damage claim involving a water heater installation warrants investigation, as discrepancies between the manufacturer’s requirements and applicable codes call for a review of the scope of exclusions.