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I am not interpreting the situation or challenging any ones views. I have just given factual historic information about an incident which occurred when an installer fitted a flue close to an opening which they sealed and a window company changed the window for an opener latter as it was a bathroom. The original gas engineer got done for it. Fact, distances, sealing it up, what happened there after did not help their defence.
The difference is that they sealed an opening window, the op and I are talking about a factory made non opening window, which to the regs you have to be 150mm from the change in fabric to the edge of your flue