Why Inspectors, Builders & HVAC Installers Don’t Comply With Codes
Tuesday, February 23rd, 2010Mechanical (HVAC) Code Compliance
Why Inspectors, Builders & HVAC Installers Don’t Comply
By John Rocheleau
www.thehvacguru.com
I am writing to inform you of how builders and their subcontractors are circumnavigating New Hampshire Energy Codes and International Mechanical Codes, and why local code enforcement officials (building and mechanical inspectors) turn a blind eye. New Heating, Ventilation and Air Conditioning (HVAC) systems routinely are leaking carbon monoxide, LP and Natural gas and costing far more in fuel and electricity consumption. Builders and HVAC contractors’ code violations can pose a serious threat of injury, even death.
6-year old Luhrmann was killed in her home from a gas explosion, at the hands of an unqualified worker who left a gas line open, thinking turning off the LP gas tank valve would be sufficient. That night Amilia’s father unwittingly turned the gas back on so he could run the clothes dryer before going to bed. (See “Amilia’s Law”: www.amiliaslaw.org for the full story.)
Recently, I served as Expert Witness for the Plaintiffs in a civil case in Milford District Court. The Defendant was sued for not properly installing a wood pellet furnace, incorrectly connecting it to the existing gas-fired furnace. The Plaintiffs’ carbon monoxide (CO) detector went off and they called the Fire Department. The Chief identified the pellet furnace as the source of the CO. In my testimony I identified the reasons for the CO leak and asked the Defendant if he had the local inspector inspect the installation. He said no. The Plaintiff won a $4,000 judgment.
In 2008, I served as Expert Witness in Merrimack County Superior Court – a Jury trial – for the Plaintiffs of a case that involved too many code violations to mention. My job was to outline the HVAC violations. For one, the installers of a gas-fired furnace vented the flue gas into the sewer vent pipe, which protruded straight out the wall of the house. The 2-year old removed an improperly installed return air floor grille and crawled inside the duct work and got stuck. The driveway washed out after a rainstorm and cost $75,000 to repair!
There is a new condominium development in Portsmouth where the HVAC installers cut serious corners in the crawlspaces and attics of each unit, knowing full well the Local Inspector wouldn’t check their work because it bothered his hips (newly replaced) to go in those areas of the house. Meanwhile, the condo owners are paying far more in gas and electricity consumption and will for the entire life of the systems.
Prior to the passage of Amilia’s Law in 2007, there was no license requirement of any kind for installers of HVAC equipment. Today, only a license for gas equipment service and installation is required in New Hampshire, leaving out oil burner, coal and wood pellet heating equipment installers…and those who inspect their work – Local Inspectors.
In 2008 I mailed 2,000 letters to builders and carpenters in New Hampshire offering my HVAC inspection service, to ensure that their HVAC subcontractors were correctly installing the heating and cooling equipment. By, “correctly” I mean in compliance with the New Hampshire (Public Utilities Commission) Energy Codes, which follow the International Energy Conservation Codes (IECC), and International Mechanical Codes (IMC). The Public Utilities Commission does not have an enforce arm, so enforcement of their codes is left up to the “Local Inspector”. Only one builder responded to my letter and hired me, but then refused to pay me when I cited 13 code violations in one unit of the townhouse development he was constructing, in Hampton Falls.
The reluctance of the recipients of my letter to reply indicates to me how disinterested builders are in seeing that their HVAC subs’ work is in compliance with relevant energy and safety codes. Builders know homeowners don’t know the codes, or how to spot violations, so they are not concerned. In fact, many builders do not want to know what violations may exist, as this will hold up final payment to them when their job is done. They also know how much their Local Inspector will allow them to get away with, which is another way of saying they know how much the inspector does or doesn’t know about what he or she is inspecting.
Unfortunately, municipal building/mechanical inspectors allow numerous code violations to pass. Why would they do this when codes are there to protect the public? The truth is inspectors often know less than the installers of the systems he/she is charged with inspecting. Also, they can have physical conditions that make it difficult or impossible to crawl into tight spaces to view HVAC installations, so they don’t bother. They are human and possess the same traits as humans in other fields who cut corners to get the job done quicker…like a lot of HVAC installers. Remember, codes protect the public only if they are properly understood and enforced.
The New Hampshire Legislature shot down House Bill 763-FN, on March 3, 2008. That Bill sought legislation “establishing the licensure and regulation of residential and building inspectors”. Why would we need legislation for this when the license plate says it all, “Live Free Or Die”. The only problem with that is, you just might die!