Case in court – chimney sweep locked out: Tyrolean now pays


What is a homeowner’s duty? Due to discrepancies with the sweeping work, a fireplace was left unchecked for months. A Tyrolean woman objected to the 220 euro fine, but bit the stones…

Heating and fireplaces have a lot to do with safety and fire hazards, and Tyrolean fire regulations are accordingly strict (each state regulates the details itself). You should have inspections and cleanings carried out four times a year, with an interval of at least two months.

Check break in warm months
A Tyrolean woman, who owns half of a house together with her husband, has now also noticed that action is being taken here. Between March and August 2022 – so in the warmer months – she refused an appointment with the certified chimney sweep. Although the fire pit was used “at least occasionally,” according to the later decision of the administrative court. Result: 220 euros administrative fine.

220 euro fine
The woman complained that she had a contractual dispute with the chimney sweep and no longer wanted to let him in. Her husband also made sure that no remains were left in the chimney. The administrative court now says: Individuals may not assess whether there are ‘incendiary conditions’. Self-sweeping is only reserved for owners of alpine, hunting or forest huts, if they are located far from passable paths and the environment is not endangered in the event of a fire. In these cases too, a visit from the chimney sweep is mandatory once a year.

Back to the specific case: the Tyrolean woman’s fine of 220 euros for the “crime of disobedience” was confirmed – with a fine of up to 2,180 euros. In addition, there are now 44 euros in legal costs.

Source: Krone


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