MacCallum House Inn and Restaurant

Initial Business Response /* (1000, 5, 2017/05/07) */
In response to ***'s complaint, I responded to a Home Advisor notification to install a water heater*** accepted my proposal price and I went to his rental house to install the supplied water heaterAfter making a material list I went to get
plumbing supplies, and when I returned two City Utilities workman were at the house to investigate a reported gas leakThe reported gas leak required City Utilities to turn the gas off to the house, and this had happened before I originally arrived at the house...perhaps days or weeks before
While at the house City Utilities pointed out gas code violations requiring correctionThey tested the existing gas piping by turning the gas on, and verified the system was leakingWhen the leak was verified, City Utilities told *** he needed to hire a Springfield Master Gas Fitter to find and fix the problem, and then call for an inspectionWhen City Utilities left, *** said he hoped the leak was on the west side of the house, because the gas pipe was under the house, and it would be difficult to fix a leak on the east side of the houseAccording to *** the gas piping under the east side of the house was in a very small (in height) crawl space that was nearly impossible to get to
We were hired by the hour to locate and fix leaksOn Wednesday May 6, 2017, I began testing the gas piping under the houseAfter disconnecting the gas pipe at the house side of the gas meter a test fitting with a psig gauge was installedI do not remember what the initial test pressure was, because it bled off quicklyWe immediately found a leak in the 1" steel pipe coming through the west outside wall, above and to the right of the gas meterThe leak occurred at the vertical piece of 1" pipe connected to the 1" 90-degree elbow that looked downI removed the pipe from the elbow, applied new thread sealant, then reconnected the pipe
After fixing the first leak we tested gas piping in the underfloor spaceThe underfloor space three separate areas with different ground to floor joist heightsThe west side of the space allowed us to stand upThe middle area requires crouching over, and the east side is described in paragraph twoBefore entering the space, *** told me that a past tenant had filled that space with garbageMost of that garbage had been removed, but the space was still dirty and foul, and had discarded wood with nails exposed, and other debris that should be removed
We went from joint to joint under the house and located a second leakThis leak was at a "tee" that had a threaded plug, and we found the leak because the pressure made it whistleThe threads of the plug were rusted and did not have a pipe sealant on them, both of which contributed to the leakWe replaced the plug and placed a 100# air test on the systemThe test did not reveal any additional leaks at that timeI told *** we needed to wait and see if there were any additional leaks
***'s comment on what the inspector may have said about test pressures and gauges will now be reviewedThe gas code adopted and modified by the City of Springfield does not state that the gas piping system cannot be tested over psigThe code reads "Test pressure and durationThe test on threaded gas piping designed for PSIG and less, shall be made by closing all openings and subjecting the pipes to a minimum of PSIG with a 15-minute durationThe test on all gas piping designed for greater than PSIG shall be a minimum of PSIG with 120-minute duration." The inspector quoted by *** knows the code, and he would know that a psig test is the minimum test pressure, not the maximum test pressure
According to ***'s complaint the inspector said that test pressure exceeding psig "might even cause each individual appliance gas valve to fail", which is not trueTable lists the requirements for manual gas valves in a gas systemFor gas pressures up to psig, the gas valve specification is found in ASME 16.33, which is a psigIf the valve would fail at pressures between psig and less than psig, then it would fail the ASME requirement and would need to be replacedThere is a safety reason that the code requires a psig gas valve on a gas system with pressures up to psig
Tables published by pipe manufacturers show threaded 1" Schedule Ablack steel pipe have a maximum working pressure of psig, and Class threaded malleable iron fittings have a pressure rating of psig***'s gas pipe system is Schedule black steel pipe with Class malleable fittingsA properly installed and maintained gas pipe system cannot be damaged with a psig air testAs noted in paragraphs one and two, the gas piping developed leaks when the gas pressure was psig or less, which means the original piping system was installed improperly or was improperly maintained
Since the pipe, fittings, and gas valve cannot be damaged by a psig air test, the test did not damage the systemAs noted in previous paragraphs, leaks were found where the threads were rusted and/or pipe sealant was not used in the original installationAs time goes on, even with a psig operating gas pressure, existing rusted threads will grow worse and become the source of new gas leaks
A Master Gas Fitter has the primary responsibility to make certain the gas system is safeMost consumers do not appreciate that the building code is the minimum requirement, not the maximum requirementNatural and propane gas systems can be dangerous and deadly, and the Master has a responsibility to make the system safeIf I remember correctly, *** said he is giving this house to his son, and he should want to make certain the system is safe
I am still willing to work with ***, and may even reduce our hourly fee if he responds in kindAs usual under existing conditions like this, we were hired by the hour, and could not guarantee the test and repairs for a fixed feeThe below floor area of the house will have to be cleaned of all debrisMost workers will not perform their job in a crawl space like ***'s
If you have any questions, please contact me
Initial Consumer Rebuttal /* (3000, 7, 2017/05/10) */
(The consumer indicated he/she DID NOT accept the response from the business.)
I do not know how much head room there is in the area where the gas lines are, only that the headroom where a portion of the water plumbing is located is difficult to access but it extends to a bathroom much farther east than the gas lines, however, I did not ask *** to accept any job he did not want or was unqualified to do he accepted this willinglyThe reported gas leak he is referring to occurred on March 2017, but was never reported to meCU had been called to turn the gas back on so we could light and check the new water heater installationThat was the first time I was informed of a leakThe only code violations were with the water heater installation and a damaged flue cap on a heater which was replaced
This event occurred on April 6, 2017, not May 6, as stated.It is my belief that after repairing the major leak in the line entering the house the excessive pressure of 100# started causing the joints to fail down the lineThe condition of the crawl space, though not pristine, is much what you would expect of a home built in when requirements were much different than todayAgain , *** was not forced to take the jobConcerning the leaking plugThis plug did not have excessive rust on the threads, as stated and did have pipe compound on the threads, I have the plug
Concerning the statement, we needed to wait for a period of time, under pressure, to see if there were additional leaksThis statement was never made, in fact, at this point *** pointed out that the test had held for the required minutes, and the system was safe and would pass inspection, and I was presented a final bill, which I paid, at this timeWhich I would not have paid, had I not been told the job was satisfactorily completedConcerning the code for test proceduresI do not believe the 20# psi is a minimum test for 2# psi gas line pressure and need to be shown anyplace where it's acceptable to place 100# psi on a 2#psi residential gas line for a duration of hours which was done*** left the site after being paid shortly after noon on April 12th, stating he would return on the morning of April 13th for inspectionHowever, he called me about 5:pm on April 12th and asked if he could wait until Monday April 17th for inspection as he had a previous commitment, I agreedThis is whee the 100# psi pressure was left on the system for hoursHe returned Monday morning at 8:and placed 78# pressure of the system and leftI waited for the inspectorUpon arriving the system had not held the required pressure and he would not approveHe asked me the name of the plumber and stated he should not have placed a 120# gauge on the line and 78# pressure on the system, this was excessive for a 2# psi gas system and could cause failure of appliance valvesHe stated plumber should have placed a 30# gauge on line and pumped to 15# pressureSaid he would call plumberNext day I arrived at 11:amGauge had been changed to 30# and inspector had again failed system, leaving us where we are todayI don't doubt that the pipe used is rated to carry a pressure of 300#'s however, for a residential gas line of 2# psi the same attention is not given to the sealing of joints where the failure is occurringThe line as stated had a leak at less than 2#psi, which was outside the house and was initially repaired, I believe, the other leaks were a result of excessive test pressure being applied and left for an excessive period of time
Show me where a gas system of 2#psi cannot be damaged by placing it under a pressure of 100#s psi for a period exceeding days
Concerning the safety of the system, certainly I want the system to be safe for anyone living there, this is unquestionable, but I think when you place a system under times the operating pressure this is like putting 1500#s if air in an automobile tire , It will explode no matter how good the tire is
The matter of a negotiated settlement, I am always in favor of a reasonable negotiated settlement, however, I emphasize, reasonableI am always in favor of sending the money directly at the problem, not into lawyers pockets, however, sometimes it's necessary
Thank you for hearing my side of the story
Final Consumer Response /* (4200, 12, 2017/05/24) */
(The consumer indicated he/she DID NOT accept the response from the business.)
This is my final response to this claimBut I feel compelled to answer the major points in Mr***'s final response, as some of these major points are still incorrect
Mr*** claims he did not use an incorrect gauge on the systemBut myself and witnesses saw it on the lineIf not how did he pressurize the system to 100# psi, not once, but three times, before inspectionIf this is untrue why did the inspector require him to replace this with a 30# gauge?
He again states that the minimum test pressure is 20#psi when in fact the Springfield code reads and 1/times the operating pressure of the system or a minimum of 3# psi whichever is largerThe code goes on to state that if test pressures higher than this are used all appliance gas valves should be disconnected and lines capped before testing to prevent damage to individual appliance gas valvesThis was not done
He states that gas valves servicing appliances is a minimum of 125#psiIf this is true why would the code require the disconnection of these valves before testing?
If the system was repaired and ready for inspection on April 12th as Mr*** stated to me when he presented me with the final bill of $which I immediately paidIf it was not ready for inspection, why would he ask for one, not once, but twice?
He offers minutes free time, which I consider unsatisfactoryIf he believes, his statement, that his test procedures could not have damaged the system, and since that is the only thing done after it was deemed ready for inspection by Mr.***All I am asking is that he assumes the risk that his statement might be incorrect, instead of meI'm asking Mr*** to complete repairs at his expenseEven if this means a cost equal to the original, which I paid, he would still receive compensation of $per hour which I consider reasonable
If he is willing to absorb this cost of repairs I am willing to absorb the lost income of $I would consider this to be a reasonable solution to this matter
I was told by Mr*** that I was required to have a licensed plumber repair the leaks, if true, I would have to hire another plumber to go under the houseThat's ridiculous, that's why I hired Mr*** in the first place
If we can't come to a satisfactory agreement, I have no choice but to seek court judgement, to include cost of repairs, plus punitive damages for loss of income during the time the property is uninhabitable and attorneys feesAs I stated in an earlier response, I am always in favor of sending all money directly to the problem, not into attorneys pockets, but sometimes it's necessary
thank you, I appreciate your attempts at resolving this matter
Sincerely,
** ** ***
Homeowner
Final Business Response /* (4000, 14, 2017/06/04) */
I agree with ***, this will also be our last reply to this complaint
I have read ***'s last response and we are going back and forth over the same points that I have answered twice beforeOur first two replies included the gas code chapter and section/subsection references with word for word quotes of the codeWe also provided a copy of the adoptive code change approved by the City of SpringfieldOur previous answers state that we used a 100# and then a 30# pressure gaugeIt is a waste of time for us to continue stating the facts and quoting the code knowing that *** will not accept what the code says
When I first met *** at the house he told me that his son was heading to the mid-east for a few months, and he was fixing up the house and will give it to his sonI briefly mentioned this in my first answerI bring this up again because *** said in his last response that he had lost two months' rent
Concerning punitive damages, award of these are unlikely in a case like thisWe did nothing willful, wanton, or reckless that rises to the high bar of punitive damages
Regardless of who wins or loses a legal case, according to the "American Rule" each side pays their own legal feesIf *** files a lawsuit we will turn it over to our insurance company and they will hire an attorney to defend the caseIn over six years of being in business we have never submitted one claim on any of our policies, this would be the first one...but that is why we have insurance
Finally, it is curious that *** does not want to take advantage of my offer to spend minutes free looking for a leakWe made that offer not because we have damaged a steel pipe gas system, but to resolve the problem and move on
It is my hope that *** will be reasonable and reach out for a solutionIf he contacts me directly by phone or text, I will stand by my offer of minutes' free time to test and hopefully find the leak