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The home has a factory built wood burning fireplace. The hearth extension dimensions are big enough but due to the fact that hardwood floors were added after the original construction, the hearth extension is now recessed.

This is the first time I have seen this. There is a small gap at the transition between hearth and wood flooring. My thinking is that an ember could hit the edge and fall into the crack and thereby increase the likelihood of starting a fire.

Are there any rules/regulations which can support me writing this up?

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Unless the mfr. has something in the listed instructions there is nothing requiring the gap to be caulked. It is a practical concern that I would call out. Of greater concern though is the apparent lack of the requisite hearth extension insulation board under that slab. This board is usually 1/2" thick plus the thickness of the slab, which usually puts the slab flush or higher than a 3/4" wood floor.

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