Lang Pools & Spas

Review: The pool and spa installed are not in accordance with [redacted] - 5 for swimming pools and [redacted] - 3 for residential spas and as a result both are dangerous and unsafe. The following is a list of the more relevant violations: 1) treads of pool and spa steps are not slip-resistant; 2) the vertical distance from the pool and spa coping to the centerline of the upper most tread is greater than 12 inches; 3) riser of pool steps are not uniform in height; 4) bottom riser of pool step slopes to the pool floor and is extremely dangerous; 5) a rope and float safety feature has not been installed; 6) spa health feature of a spill over or skimmer has not been installed; and 7) pool is leaking water. Based on the plans stamped by the Town of [redacted], the swimming pool and spa are required to be built is accordance with the codes mentioned above.Desired Settlement: Refund of cash so that we can remedy the situation and make the pool and spa safe for their intended use. The owner is not permitted on our property since his behavior is unbecoming of someone who we entrusted to build us a swimming pool and spa. When we contacted the owner to advise him of one of our concerns mentioned above he became irate and used language that was inappropriate.

Business

Response:

Hi [redacted] In response to the above ID case. I just received the letter today and was not aware of the complaint being filed. This is what was sent to Mr. [redacted]. This pool received a FINAL CO from the town of [redacted]. It was approved by the town! There is also still a balance on the pool that was not paid by the [redacted]s. Our responses are indicated in red. As requested I am responding to you directly in regards to the [redacted] situation. I received your fax today. I am sorry but we will not be sending the [redacted]’s any payment. They still owe Lang Pool the final payment on their finished swimming pool. I know you have been researching code and I would like to respond. --Treads of Pool Steps – A vinyl liner step is only non slip resident if there is algae on them and that is true with any pool steps. Your client purchased a vinyl liner pool and was not contracted to have sure step material placed on treads. Please confirm by checking the signed contract. In addition we have offered to install a handrail. We have been installing vinyl liner steps for over 15 years and the town of [redacted] and every other town approves them. As is the case with the [redacted]s. --Tread Height to Pool Coping- You have documented code but you failed to document the FULL code Section 5.1.1 Construction Tolerances. We are allowed a tolerance of plus or minus 2” ([redacted]-5) --Riser of Pool Steps- The top risers and bottom risers are allowed to vary and the 2 middle risers are currently 10.5”. Although once again this also falls under section 5.1.1-Construction tolerances --Bottom Riser of Pool Steps- Please see section 6.3.2 Sloping entries are permitted to be used in conjunction with steps and benches. Also the riser dimension of 9” falls within code. It is not over 12” --Rope and Floats – We would be more than happy to supply and install the rope and floats upon final payment for swimming pool. --Tread of Spa Step- This tread falls within code as you even stated it is 11 7/8”. Code is for the tread to have a MINIMUM of 10” unobstructed. We have surpassed that with the 11 7/8”. --Tread height to coping- Once again please see SECTION 5.1.1 Construction Tolerances --Spa Seats- You state a code that is not even relevant to a spa seat?? Section 8.1 states Materials? Not sure where this was going but if spa seat was not backfilled how would your client be able to walk around the spa as they have stated they have used it. You claimed to be at site you had to see everything is level around the spa. In your new letter dated 8/6 you state the equalizer line is of grave danger. Please understand THIS equalizer line is not tied to a pump so there is no grave danger. That lines levels out the water in the pool and spa. It is CLEARLY not tied to any pump system. You are misunderstanding the term. It is absolutely my goal to have a satisfied client but I have tried with [redacted]s to work this out to no avail. I hope my explanations of the codes help you better understand the pool construction process. I hope you do realize that I will move forward to enforce my contract and receive my final payment on the pool. In addition we are witnesses to Mr. [redacted] attempting to avoid the town of [redacted] storm water management plan by getting a CO on his pool before any patio went in. He then contracted to have a patio put in by a colleague. This does not follow the standard of storm water management as is the code in the town of [redacted]. I am not sure if you are aware of this. I am open to your response and will be forwarding this information to our company attorney. Please also understand I never had the intentions of meeting the [redacted]s and getting into a shouting match. That is unfair to say. My intentions were to come to a resolution for both parties. There are not hard feelings on my side. I understand it was a big purchase but the [redacted]s have to be willing to listen. If I really did not care I would never have responded at all. Regards, [redacted] Sent from my Lang Pool [redacted] Mail [redacted] Sent from my Lang Pool [redacted] Mail

Consumer

Response:

Review: [redacted]

I am rejecting this response because:

To make sure all of the facts are

organized properly we are providing our response to Lang Pools, Inc. submission

of 11/26/2014 where [redacted] Lang outlined why the pool and spa were built in accordance

with the pool and spa codes. For some reason our Revdex.com response was not uploaded

properly to the Revdex.com website and we followed up with [redacted] to correct

the error, however, we never heard back from her. Therefore, below is our

original response as to why we are rejecting Lang Pools, Inc. original response:

Our response to Lang Pools, Inc.

dated 11/28/2014 needs to be updated with the following:

The business owner, [redacted] Lang, is

well aware of the violations with respect to the pool and spa built by Lang

Pools, Inc. (Lang). On several occasions we sent letters to him and his

attorney, [redacted], in reference to this matter in the hope of coming up

with a resolution. Unfortunately, [redacted] Lang did not want to address these issues

and referred this matter to his insurance company ([redacted]) and claim number [redacted] was assigned on August 29, 2014. It is unfortunate that [redacted] Lang has

built our pool and spa in violation of the building code provisions recognized by

the State of Connecticut and the Town of [redacted] as well. In my initial

contact with [redacted], the sales person who sold and supervised the

construction of the pool and spa, he stated the "[redacted]" ([redacted] - 5 2003) and

the "[redacted]" ([redacted] - 3 1999) did not apply to vinyl liner pools,

however, the pool drawings submitted to the Town of [redacted] and approved on

August 21, 2013 clearly indicated the following:

"In-ground Pool shall be

designed and constructed in conformance with [redacted] - 5 2003, Section [redacted], CT State Bldg. Code." and "Permanently installed Spas and Hot

Tubs shall be designed and constructed in conformance with [redacted] - 3, 1999

- S[redacted], CT State Bldg. Code."

On August 24, 2014 the following was

provided to my attorney, [redacted], who forwarded such information to

Lang's attorney in reference to the violations brought to the attention of [redacted] Lang on numerous occasions in an attempt to settle the matter, however, Lang's

attorney has failed to respond.

When Sections have been referenced

in this response for Pool Violations,

refer to those certain sections of the [redacted] approved April 22, 2011 (See [redacted]-5

2011) and for Spa Violations, refer

to those certain sections of the [redacted] approved December 20, 2013 (See [redacted]-3 2014).

We would also like to point out that

all of the sections referenced below use the term "shall." Chapter 2, Section 201 of

the [redacted] Public Version 1.0) states

the following; "SHALL. The

term, when used in the code, is construed as mandatory."

Pool Violations:

Treads of Pool Steps - the treads of the full entry pool

steps are not slip-resistant.

Section 1.8 Definitions states: "slip

resisting: A surface that has been treated or constructed to

significantly reduce the chance of a user slipping. The surface shall

not be an abrasion hazard."

Section 6.1.5 Exit/Entry states: "All

treads shall have slip resisting surfaces."

In response

to [redacted] Lang's rebuttal, he fails to refer to Section 6.1.5 that states a

surface that shall be used for footing by a user shall be slip-resisting.

Tread Height to Pool Coping - the vertical distance from the

pool coping to the centerline of the uppermost tread is greater than 12 inches;

it is approximately 12 and 1/2 inches.

Section 6.2.2.1 Entry/Exit states: "The

vertical distance from the pool coping, deck or step surface to the

uppermost tread shall be a maximum of 12 in. (305 mm)."

Section 5.1.1 Pool Dimensions and Tolerances states:

"Construction tolerances. There shall be construction

tolerances allowed on dimensional designs. The length, width, and depth shall

be limited to a tolerance of plus or minus 3 in. (+/- 76mm). All other

dimensions shall be limited to a tolerance of +/- 2 in. (+/-

51mm), unless otherwise specified."

In response

to **. Lang's rebuttal, he mentions Section 5.1.1 in reference to construction

tolerances being permitted of plus or minus 2" but he failed to document

that Section 5.1.1 does not apply when a section is otherwise specified,

as is the case with Section 6.2.2.1 in reference to a maximum height of 12 inches.

Risers of Pool Steps - the risers of the pool steps are not

uniform in height and vary from approximately 10 and 7/8 inches to 11 and 1/4

inches.

Section 6.2.2 Exit/Entry states: "All

risers shall have a maximum uniform height of 12 in. (305

mm), except the top riser, which may vary but shall not exceed

12 in. (305 mm)."

In response

to [redacted] Lang's rebuttal, he fails to refer to Section 5.1.1 in the proper

context since the steps according to Section 6.2.2 shall be uniform

in height.

Bottom Riser of Pool Steps - the bottom riser of the pool

step is sloped to the pool floor and is not slip-resistant.

Sections 6.2.1.1.1 Exit/Entry states: "On

shallow end of stairs, the bottom riser height is allowed to vary to the

floor. The bottom riser shall not exceed 12 in. (305 mm) to the

floor for the width of the walking surface."

Section 6.3.1 Exit/Entry states: "Sloping

entries used as a pool entrance shall not exceed a 1:7 incline

(see Figure 6 C)."

Section 6.3.2.1 Exit/Entry states: "When

benches are used in conjunction with sloping entries, the vertical riser

distance shall not exceed 12 in. (30.5 cm). For steps used in conjunction

with sloping entries, all requirements of para 6.2 shall apply."

Section 8.1 Materials for Construction and Finishes

states: "Surfaces. The surfaces within the pool intended to provide

footing for bathers shall have a slip resisting surface.

The roughness or irregularity of such surfaces shall not cause

injury or be an abrasion hazard during normal use."

In response

to [redacted] Lang's rebuttal, he fails to refer to the pool code Section 6.3.2 in

reference to sloping entries in the proper context, as sloping entries shall

not exceed a 1:7 incline as mentioned above.

We point out

that the incline in our pool exceeds this 1:7 incline as the slope change at

the last step drops approximately 9” in only 13” across the pool floor.

Safety Features - a rope and float have not been installed.

Section 17.2 Safety Features states: "Rope

and float. In pools where the point of first slope change (see Figure 5,

Point D) occurs in water depths less than 4 ft. 6 in. (1372 mm), a rope

and float assembly shall

be installed across the width of the pool generally parallel to, and at a

minimum of 1 ft (305 mm) and a maximum of 2 ft (61 cm) on the shallow

side of the change in the floor slope."

Section 17.2.1 Safety Features states:

"The rope anchor devices shall

be permanently attached to the pool wall, coping, or deck in a manner

which provides for their reinstallation should they be required to be

removed for maintenance or repair."

In response

to [redacted] Lang's rebuttal, a rope and float was to be installed as part of our

contract but was never installed.

Pool is Leaking Water - the pool is leaking water.

Section 8.1.1 Materials for Construction and Finishes

states: "The interior surfaces of the pool shall be

watertight."

[redacted] Lang

failed to install a pool that was watertight.

Spa Violations:

Spa Entry Step - the tread of the spa step is not

slip-resistant.

Section 1.8 Definitions states:

"Slip-Resisting: A surface that has been treated or constructed to

significantly reduce the chance of a user slipping. The surface shall

not be an abrasion hazard."

Section 4.6 Structure and Design states:

"The surfaces within the spa or swim spa intended to provide footing

for users shall be slip-resisting. The texture of such

surfaces shall not cause injury during normal use."

[redacted] Lang

failed to address this violation in his rebuttal responses.

Tread Height to Spa Coping - the vertical distance from the

spa coping to the centerline of the tread is greater than 12 inches; it is

approximately 12 and 3/4 inches.

Section 5.6.2 Dimensional designs and tolerances

states: "Steps. The design and construction of steps into the spa or

swim spa in either shallow or deep water, including recessed stairs and

seat benches, where used, shall conform to Section 5.6.2.1 through

5.6.2.8."

Section 5.6.2.2 Dimensional designs and tolerances

states: "All risers at the centerline, except for the bottom riser, shall

have a maximum uniform height of 12 in. (305 mm)."

Section 5.6.2.5 Dimensional designs and tolerances

states: “The vertical distance from the spa or swim spa coping, deck, or

step surface to the uppermost tread shall be a maximum

of 12 in. (305 mm)."

In response

to [redacted] Lang's rebuttal, he mentions Section 5.1.1 in reference to construction

tolerances being permitted of plus or minus 2," and he failed to document

that Section 5.1.1 does not apply when a section is otherwise specified,

as is the case with Section 4.6 in reference to a maximum height of 12 inches.

Spa Skimmer or Spillover - the spa shall have a skimming

device or spillover to serve as the function of a skimmer installed; no

skimming device was installed nor was a spillover constructed to serve as a

function of a skimming device.

Section 11.1 Surface skimmer systems states:

"Design and construction. Skimming devices shall be

provided on all residential spas or swim spas, and shall be

designed and constructed to skim the spa or swim spa surface when the

water level is maintained within the operational parameters of the

system's rim or weir device. The weir of a spa or swim spa which spills

into a pool serves the function of a skimmer."

Section 11.2 Surface skimmer systems states:

"Safe operations. Skimming devices shall be designed

and installed so as not to constitute a hazard to the user."

The lack of

a spillover or skimmer is a health hazard and [redacted] Lang failed to address this

violation in his response.

Based on the aforementioned outlined

violations we have not remitted the final payment as requested by Lang on the construction

of the pool and spa of $3,400. We point out that this payment is not due since

Lang has failed to provide us with a pool and spa fit for use in accordance

with the Town of [redacted] building codes and has not complied with his

contractual obligations. Lang has been paid $59,040 to date and failed to

address the numerous violations as we and several other pools companies have

pointed out and as a result we were not able to use our pool for its intended purpose

during the summer of 2014.

With regard to Lang's comment that

he never intended to get into shouting match with us, that is a false statement

as several individuals from his staff were on the telephone with us when we

questioned Mr. Lang about some of the issues and he used language that was

inappropriate and slammed the telephone down on us during the call. We find him

to be intolerable to deal with and unwilling to negotiate in good faith and his

actions have led us to terminate all ties with him and his organization. The

facts of the case remain, Lang did not comply with the building codes of the Town

of [redacted] and is entrusted to build pools according to certain standards,

whether the town inspects some of the items or not.

My response to Lang Pools, Inc.

(Lang) response dated 12/1/2014 is as follows:

Unfortunately, [redacted] Lang never

addresses the issues at hand and continues to sidetrack the issues raised. The

pool and spa are not built within the building codes of the Town of [redacted] (the

“Town”) and the Town acknowledged to my attorney on July 2, 2014, that they do

not inspect every pool or spa code to ensure they are built in accordance with

the pool and spa codes as required by the Town. In fact, when my attorney

questioned the Town on the slippery steps the Town advised him that according

to “[redacted]-5 2003, Section 6.1.5 All steps shall have slip resisting

surfaces.”

[redacted] Lang is well aware that the

Town only inspects certain codes and leaves the rest to the pool builder that

they entrust. In fact, [redacted], the [redacted] for

Lang, advised me on June 24, 2014 that the Town does not inspect the violations

that we raised and that no one cares. [redacted] Lang and [redacted] do what they

want without any regard to building a pool or spa in conformity with [redacted] –

5 2003 or [redacted] – 1999, respectively, as required by the Town since the

Town does not inspect all of the design or construction work performed during

their inspection process.

Additionally, we were advised by our

insurance company that if we knew of violations in the design and construction

of our pool or spa and we allowed users to use the pool or spa that we would be

negligent if an accident or injury resulted from such use and any claim

submitted as a result of use would be denied. Given the fact that we have

documented the numerous code violations to Lang we felt that use of the pool or

spa for any guest would be negligent on our part. It is with deep regret that

[redacted] Lang does not feel the same way.

Our mission, is to ensure Lang Pools,

Inc. builds pools and spas in accordance with the building codes within the

town they work. Safety should never be overlooked by a contractor just because

a town does not inspect a certain code provision in the design or construction

of a pool or spa as required by a town. The contractor should be just as

concerned as the pool or spa owner to make sure the pool or spa built by them

is safe for use and not a hazard to users. We feel it would be negligent to

only be concerned with safety in hindsight of a serious injury or accident by

either the contractor or the pool or spa owner.

Sincerely,

Business

Response:

With all due respect there is nothing I can do to please Mr. [redacted]. At this point he has removed the pool from his backyard. He had us install an inground vinyl liner swimming pool and he had it removed and is now building a concrete swimming pool. All of his charges are not relevant as the pool is gone! What can I possibly do to please him at this point? He can make all the claims he wants but the pool is gone. How can we attempt to address something that is gone? He has made demands for a substantial amount of money from Lang Pool from the very first letter from his attorney. I believe that is where he stands. Why else would he use the pool all season and wait until the end to remove it and now file a complaint with the Revdex.com. In addition on a side note [redacted] no longer works at Lang Pool. He cannot be questioned about allegations Mr. [redacted] says he made. We only informed our insurance carrier since Mr [redacted]s lawyer was threatening a lawsuit. That is standard policy for us to inform the carrier. It in no way implies anything else. We built Mr [redacted] a beautiful pool and spa that he used last season and it was approved and CO by the town of [redacted]. He never made his final payment on pool and now it is no longer in his yard.The facts are the facts. Nothing I do or say will resolve his complaint. I have been in business over 20 years I do not build unsafe swimming pools. [redacted]