The Akron Legal News

Legislation would regulate air duct cleaning industry

TIFFANY L. PARKS
Special to the Legal News
Published: July 3, 2012

A bill that would require state registration of air duct cleaners is making its way through the legislative process.

Senate Bill 338, sponsored by Sen. Kevin Bacon, R-Columbus, was inspired by a national media investigation that depicted fraudulent companies operating in Ohio.

“... they bilked hundreds of dollars out of elderly couples for work largely left undone or even unneeded,” he said.

“While there are many air duct cleaning vendors that perform their work with honesty and integrity, the questionable practices of others endanger the credibility of the industry as a whole.”

SB 338 would require companies to register with the Ohio Department of Commerce prior to advertising or performing services.

The proposed registration would include proof of insurance and a history of work experience. Bacon said a vendor would have to display his registration number on all vehicles, ads and other documents associated with the business.

Consumers would be able to search and verify a vendor’s registration using an online database.

“The genius in this bill is its simplicity,” said George Grozan, the owner of Productive Air Duct Cleaning in Sharon Center, Ohio.

“The proposed requirements will not create a burden on those operating legitimate businesses or (who) wish to start an air duct cleaning company. More importantly, this bill will protect consumers, which is good for the industry.”

Under the bill, companies would be banned from performing services without a written contract and could not misrepresent whether dangerous substances, such as mold, are present in vents or duct lines.

SB 338 states that every registrant would be tasked with securing, maintaining and filing proof of commercial general liability insurance of no less than $500,000.

Violations of the bill would fall under the Consumer Sales Practices Act.

“As a small business owner, I receive phone calls from consumers everyday regarding air duct cleaning,” said Grozan, who has been in business for more than 10 years.

“Some consumers take their time to research and find a company with a proven track record. Some consumers are uninterested or unaware that not every air duct cleaning company can provide a quality service for a fair price. They believe that every duct cleaning company is going to clean their system with sufficient equipment and the right process. In reality, many ... do not fulfill their own promises. Without any sort of check and balance, anyone ... with a portable vacuum can claim to be an air duct cleaner — just take look at your local newspapers, Internet or direct mail coupon book.”

Current Ohio law does not require licensure or regulation of air conveyance system cleaning servicers.

Grozan, who is a member of the National Air Duct Cleaners Association, said there are a host of advertised air duct companies using false advertising, insufficient equipment and untrained staff.

“They trick customers and change their name every six months in order to get a fresh Better Business Bureau record,” he said. “SB 338 is a piece of legislation that will hold me and other air duct cleaning companies accountable.”

Grozan said the bill’s self-policing mechanism would help reputable small businesses.

“For example, unregistered companies will not even be eligible to bid on public projects, since under the terms of this law, the company would not be eligible to collect a fee for those services,” he said. “Insurance companies would not hire non-registered companies, due to increased liability and risk.”

Grozan said he also believes SB 338 would help combat inaccurate advertising and unethical sales tactics.

“It is a common occurrence for us to talk to customers who have paid over $1,000 to clean their ducts in a 900-square-foot home when the advertised rate was $149,” he said.

“Once the company’s technician was in their home, they convinced the consumer that there was a mold problem inside of the system. This scare tactic was used to compel the consumer to have the system cleaned at more than six times the advertised price and well above the going rate. This bait and switch tactic is a major problem.”

In addition to swindling customers for more money, Grozan said, oftentimes fraudulent companies don’t do a proper job cleaning air duct systems.

“SB 338 would provide a simple means for these type of companies to be held accountable,” he said. “Registered air duct cleaners are going to educate the public of SB 338. In time, fraudulent companies will find their market share decreasing. This will either force those businesses to shut down or start to operate in a truthful manner. I can only hope for the day when there are no false advertisements in my Sunday paper.”

SB 338 was unanimously passed by the Senate last week and is awaiting a committee assignment in the House.

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