Texas Home Builders and Rick Perry Fiddle While Texans Burn
In Texas in 2009, the Texas Municipal League, the Texas Association of Fire Chiefs, and the Texas Fire Marshal’s Association petitioned Governor Rick Perry to veto Senate Bill 1410, which prevents a city from having a residential fire-sprinkler ordinance. They lost out to the well-heeled lobby from the homebuilders’ organization, the Texas Association of Builders.
The Texas law was clearly a misguided preemptive strike against the International Code Council’s International Residential Code, the 2009 edition, which required residential sprinklers in 2011.
S.B. 1410 was initially a rewriting of the plumbing code. It required that contractors who install multi-purpose residential plumbing and fire sprinkler systems must be licensed plumbing contractors. The contractors have to prove to the Texas State Board of Plumbing Examiners that they have been trained to install residential fire sprinkler systems, pass a test as devised by the board and pay a fee. Contractors would have to renew their licenses every three years.
But, due to the pressure put on Rick Perry by at least one of the lobbies responsible for his election and reelections – the Texas Association of Builders, the law prohibits local sprinkler mandates.
“Notwithstanding any other provision of state law, after Jan. 1, 2009, a municipality may not enact an ordinance, bylaw, order, building code, or rule requiring the installation of a multipurpose residential fire protection sprinkler system or any other fire sprinkler protection system in a new or existing one or two-family dwelling,” the law reads.
Did anyone in Austin research this issue? Granted, this happened before Rick Perry’s wizard behind the curtain gave him his new eyeglasses intended to make him look like a studious simpleton and not just your run-of-the-mill brainless politician. Nevertheless, someone could have read the research performed by the National Fire Protection Agency, the Underwriter’s Laboratories, the Insurance Research Council, the Fire Suppression Systems Association, et al. The top statistics at the time looked like this:
(1) 85% of fire deaths in the U.S. occur in the home. See: http://www.cdc.gov/homeandrecreationalsafety/fire-prevention/fires-factsheet.html
(2) Fire sprinklers, when used in combination with smoke alarms, reduce the risk of fire deaths by 83%. See: http://www.nfpa.org/~/media/Files/Research/Research%20Foundation/sprinklerimpactfactsheet.pdf
(3) Fire hoses used by firefighters use 850% more water to suppress the same fire than fire sprinkler systems do. This is important in a state where water is becoming scarce. See: http://www.homefiresprinkler.org/newsletter/fall10/article5.html
(4) New, engineered building materials are lighter in weight than traditional sawn lumber. These members burn faster and fail structurally at a much more rapid rate. Fires now regularly flash over before the fire department personnel can even arrive on the scene.
See: http://newscience.ul.com/wp-content/uploads/sites/30/2014/04/Analysis_of_Changing_Residential_Fire_Dynamics_and_Its_Implications_on_Firefighter_Operational_Timeframes.pdf
https://www.youtube.com/watch?v=CXZQWQfI1iU
No, the only statistics that were reviewed were the bloated and inaccurate estimates by the National Association of Homebuilders that fire sprinklers would cost an additional $2.94 per square foot to install in new houses. The actual figure at the time was $1.61 per square foot. See: http://www.nfpa.org/~/media/Files/Research/Research%20Foundation/Research%20Foundation%20reports/Suppression/HomeFireSprinklerCostAssessment2013.pdf
This would add a mere $4K to the average 2500 s.f. house. And, it is even less today. The average cost per s.f. is $1.35 or $3375 for a 2500 s.f. house. It is easy to spend that much on cheap Venetian blinds. Let’s agree not to even discuss those ubiquitous and passé granite countertops, or the downright counterintuitive (read harebrained) ideas like wood floors in kitchens and bathrooms. But wait, the builders charge a 300% markup on upgrades like these. They simply cannot charge for mandated safety systems like fire sprinklers. No profit, no interest.
Larger houses, townhouses, and condominiums in most North Texas metropolitan areas are required by local codes to have sprinklers anyway. So, the folks not being protected are the average homebuyers, like you.
You can bet that most of the meaningful statistics researched by Perry’s people were in the form of reading the checks sent to the right places (Rick Perry’s re-election campaign(s), by folks like HOMEPAC, the political action arm of the Texas Association of Builders (TAB) and the Associated Builders and Contractors of Texas PAC.
Money talks. Rick’s got his eyes on Washington, is not running for governor again (thankfully), and he and his big builder buddies could not care less if Texans burn.
Texas Home Builder Warranties – Bet on the Roll
You have their equivalent hanging in a tight little roll on your bathroom wall. Third-party warranty companies sell their warranties to home builders. These are insurance companies who make a profit by minimizing coverage and denying claims. Just how good could these warranties be?
If you buy a $64.99 monitor from Wal-Mart you get a manufacturer’s warranty and the ability to return it to Wal-Mart within a certain period of time if it is defective. If you buy a $13,900 Kia Soul you get a 10-year and 100,000 mile bumper-to-bumper warranty, plus you are covered by both state and federal lemon laws. But, in Texas, if you buy a new house for any price you get, at the very best, a warranty that will cover nearly nothing during the first 2 years other than what is covered by equipment manufacturer warranties, and absolutely nothing of value in your 10-year structural warranty.
Don’t believe it? Let’s examine this more closely. One of the biggest selling points that a builder harangues clients with is his warranty. Many will not even allow you to view the warranty until after the initial paperwork is signed. Wonder why? Well, it’s quite simple actually. The warranty is a farce.
One of the leading warranty companies says this about what they cover if you have a foundation failure:
“A Major Structural Defect is:
1. Actual physical damage;
2. to the designated load-bearing portions of a Home;
3. caused by failure of such load-bearing portions that affects their load-bearing functions; and
4. to the extent that the Home becomes unsafe, unsanitary, or otherwise unlivable.
All four portions of the definition must be met to qualify the Home for Major Structural Defect Warranty coverage.”
Just how bad does a foundation have to be distressed in order to meet all four of those criteria? “ . . .to the extent that the Home becomes unsafe, unsanitary, or otherwise unlivable.” Pretty bad, huh? In other words, they will do nothing to repair your foundation unless you can actually no longer inhabit the house. Sad, but true.
This is the case with nearly every aspect of the house and the warranty. In addition to this lackluster coverage, take a look at the list of exclusions:
“B. EXCLUSIONS – Items Not Covered By The Warranty
The following exclusions from warranty coverage apply to any and all warranties issued by (NAME REDACTED), including Workmanship, Materials, Systems and Major Structural Defect warranties. The Home is warranted as constructed by
the (NAME REDACTED) approved Builder. (NAME REDACTED) does not warrant deficiencies or defects regardless of (a) the cause of the excluded event; or (b) other causes of loss; or (c) whether other causes acted concurrently or in any sequence with the excluded events to produce the deficiency or defect. The following are excluded from coverage under this warranty:
1. Deficiency or defects to any property, or part of the property, that was not included in the Closing Contract Price shown on the Warranty Confirmation page;
2. Off-site improvements or any improvements installed after the Warranty Start Date whether provided by the Builder or others;
3. Drainage deficiencies that do not affect the structural integrity of the Home;
4. Any and all landscaping (including sodding, seeding, shrubs, trees, and plantings) and landscaping irrigation systems including but not limited to sprinkler systems, sprinkler heads and/or sprinkler control systems;
5. Fences, boundary walls, retaining walls and bulkheads, except those retaining walls and bulkheads that contain structural or foundation walls at the Home and/or provide structural support to the Home;
6. Outbuildings, sheds, storage buildings, porches, cabanas or any other detached structures including but not limited to detached carports and detached garages (except those outbuildings which contain the plumbing, electrical, heating, cooling or ventilation systems built or installed with and serving the Home);
7. Patios, decks, balconies, sidewalks, walkways, driveways, swimming pools, hot tubs, spas, exterior steam rooms, covered screen enclosures, and/or other recreational facilities;
8. Any damage caused by soil movement, if compensation is provided by state legislation or covered by other insurance;
9. Any damage as a result of insufficient (or change in) load-bearing capacity of the soil, sub-soils or surfaces of the soil or sub-soils on a lot prepared by You;
10. Any damage caused or made worse by inadequate, excessive or uneven watering of soils within close proximity of foundations in areas with active soil; or damage by trees planted within 10 feet of foundations;
11. After the first year, concrete floors of basements and attached garages that are built separate from foundation floors or other structural elements of the Home;
12. Failure of the Builder to complete construction of the Home or any component part of the Home in conformity with construction plans or specifications or building codes or to complete agreed upon walk-through “punch-out” items;
13. Failure of the Builder, their employees, agents, or subcontractors to perform pre-closing cleanup of any kind or failure to remove any spillage, or debris from construction site;
14. Any defects or deficiency caused by materials, design, construction, or work supplied by other than the original Builder of the Home, or their employees, agents, or subcontractors;
15. Changes, alterations or additions made to the Home by anyone other than those performed under obligations of this warranty;
16. Changes of the grading of the site by anyone other than the Builder originally building the Home or their employees, agents, or subcontractors;
17. Deficiency or defects caused or made worse by owners, occupants, or guests;
18. Any deficiencies or defects in workmanship, materials or structural portions normally covered by another warranty or insurance policy whether or not paid by such warranty or insurance policy;
19. Deficiency or defects resulting from accidents, riot, civil commotion, terror attacks, war, or Acts of God; including but not limited to fire, explosion, smoke, water escape, windstorm, mudslide, erosion, hail, lightning, hurricanes,
tsunamis, falling trees, aircraft, vehicles, flood, earthquakes, sink holes, underground springs, volcanic eruptions, saturated soils or change in the level of the under ground water table;
20. Deficiency or defects resulting from burn holes, buried debris, or organic materials;
21. Any contamination caused or created by natural or man-made chemicals, compounds, or substances, or breakdown or adverse effects of chemicals, compounds, or substances used in the construction of the Home or site. Such contamination is not covered even if the Home is rendered unlivable;
22. Insect damage including termites;
23. Any damage caused by water intrusion, including but not limited to roof leaks, window sealants, plumbing or failure of vapor barriers, except as provided in the Workmanship, Materials and Systems warranty;
24. Dampness or condensation due to Your failure to maintain adequate ventilation;
25. Any loss, damages or other condition which is not a deficiency or defect of construction;
26. Consequential Damage: Any property damage or bodily injury which follows as a result of structural damage, or other defects covered under this warranty including defects in plumbing, electrical, heating and cooling;
27. Normal wear and tear or normal deterioration;
28. Cost of transportation, food, storage, moving contents, shelter, or other incidental expenses related to Your relocating during repair;
29. Any loss or damage which may arise while the Home is not being used primarily for residential purposes;
30. Any loss or physically inflicted damage which is not a construction deficiency or defect, including but not limited to chips, scratches, and dents in materials, fixtures, appliances, or other types of equipment;
31. Failure by You to give notice to the Builder and/or BBWG of any deficiencies or defects within a reasonable time or as specified in this warranty;
32. Negligence and/or improper maintenance or improper operation of items warranted under this warranty;
33. Failure of You or anyone to comply with the warranty requirements of manufacturers of appliances, equipment or fixtures;
34. Any loss or damage which You have not taken reasonable timely actions to minimize;
35. Any dispute received by (NAME REDACTED) later than 30 days after the applicable Warranty Expiration Date for claimed items of deficiency or defect;
36. Any alleged deficiency or defect for which there is no evidence of deficiency or defects at the time of the claims investigation; or which has been repaired prior to a (NAME REDACTED) claims investigation unless such deficiency or defect is considered by (NAME REDACTED) to be an emergency repair which was repaired by You after the Builder failed to respond within a reasonable time. Emergency items will be determined by (NAME REDACTED) considering imminent danger of resulting damage to the Home. Emergency items will not include items of comfort to You such as but not limited to problems with air conditioners;
37. Any condition which does not result in actual physical damage to the covered Home;
38. Diminished market value of Your Home.”
While many of the above items may sound reasonable when they relate to deferred homeowner maintenance, what is not said is more important. If the builder constructed the house in such a manner so that it was not code-compliant you may be liable for his sins. One example is that the builder does not properly grade the soil to provide positive drainage around the foundation perimeter. The foundation fails due to this lack of proper drainage. Even though you did nothing to cause this, you will be held responsible for not maintaining the proper grading and drainage, thus making your already lame foundation warranty void.
In almost every circumstance these useless warranties are written so that the myriad of defects which arise during the warranty period will not rise to the level of distress required for the warranty company to take any corrective action.
If you have corrugated stainless steel tubing (CSST) installed in your home for gas distribution you are strongly urged to read the following information. I have long been against the idea of installing CSST for gas piping. As with many other building materials that have been developed to decrease costs to the home building industry, the manufacturers of this product seem to have cut too many corners. In the process they have increased the need for precise installation of the product and decreased the safety of homeowners saddled with these, apparently unsafe, installations.
I have monitored the CSST installations over time for performance and have made many changes accordingly to the wording in my inspections reports. However, my low opinion of the product has not changed. In fact, it is now my position that I would not have this product in my own home under any circumstances. I also strongly urge any of my clients with CSST piping in their homes to consider the following information and exercise due diligence regarding this product.
This is the current report verbiage I use. It is subject to change as more information comes to me.
The CSST gas lines do not appear to be properly bonded as required by NEC 250.104(B):
(B) Other Metal Piping. Where installed in or attached to a building or structure, a metal piping system(s), including gas piping, that is likely to become energized shall be bonded to the service equipment enclosure, the grounded conductor at the service, the grounding electrode conductor where of sufficient size, or the one or more grounding electrodes used. The bonding jumper(s) shall be sized in accordance with 250.122, using the rating of the circuit that is likely to energize the piping system(s). The equipment grounding conductor for the circuit that is likely to energize the piping shall be permitted to serve as the bonding means. The points of attachment of the bonding jumper(s) shall be accessible.
The CSST gas lines do not appear to be properly bonded as required by IRC G2411.1.1 (310.1.1) CSST. Corrugated stainless steel tubing (CSST) gas piping systems shall be bonded to the electrical service grounding electrode system. The bonding jumper shall connect to a metallic pipe or fitting between the point of delivery and the first downstream CSST fitting. The bonding jumper shall be not smaller than 6 AWG copper wire or equivalent. Gas piping systems that contain one or more segments of CSST shall be bonded in accordance with this section.
The CSST gas lines do not appear to be properly bonded as required by the National Fuel Gas Code (NFPA 54) 7.13.1 Pipe and Tubing Other than CSST. Each aboveground portion of a gas piping system other than CSST that is likely to become energized shall be electrically continuous and bonded to an effective ground-fault current path. Gas piping, other than CSST, shall be considered to be bonded when it is connected to appliances that are connected to the appliance grounding conductor of the circuit supplying that appliance. AND 7.13.2 CSST. CSST gas piping systems shall be bonded to the electrical service grounding electrode system at the point where the gas service enters the building. The bonding jumper shall not be smaller than 6 AWG copper wire or equivalent.
Additionally, the CSST gas lines do not appear to be bonded as per the manufacturer’s installation instructions. Gastite (and others) recommends that all continuous metallic systems be bonded and grounded. The owner should confirm with a licensed master electrician or electrical engineer that each continuous metallic system in a structure has been bonded and grounded by an electrical professional in accordance with local building codes. This should include, but is not limited to metallic chimney liners, metallic appliance vents, metallic ducting and piping, electrical cables, and structural steel. This is a fire and explosion hazard which must be immediately addressed.
Your are strongly urged to have this system inspected and properly bonded by a licensed master electrician or electrical engineer prior to the end of any time periods associated with the purchase of this home.
See: http://www.gastite.com/include/languages/english/downloads/pdfs/TB2008_01.pdf
https://www.texasinspector.com/documents/CSST_Always_Bond.pdf
http://www.aaronsinspections.com/documents/CSST-DANGERS.pdf
https://www.texasinspector.com/documents/CSSTGasPipingPh.1FinalReport.pdf
http://www.kcbd.com/story/19376060/house-fire-leaves-1-dead-1-injured-friday-night
http://ecmweb.com/bonding-amp-grounding/whose-job-it-bond-corrugated-stainless-steel-tubing-csst?eid=forward
http://www.nbcdfw.com/investigations/Safety-of-Corrugated-Steel-Tubing-Investigated-Following-Fires-243014091.html
The CSST gas piping is subject to damage from nail strikes, electrical wiring shorts, lightning strikes, et al. both during and after construction. The entire system is not accessible for a visual inspection and the presence or absence of damage to this piping cannot be ascertained without destructive forensic examination of the house which is beyond the scope of this inspection.
Even when the flow of leaking gas does not cause a fire or explosion, the possibility of gas poisoning is very real.
See: http://www.gas-leak.org/natural-gas-poisoning.php
Concealed hazards may exist. You are strongly urged to have this system leak tested and thoroughly inspected for condition and proper installation by a licensed master plumber with experience both CSST installation and in gas leak detection, as well as the CSST manufacturer, prior to the end of any time periods associated with the sale or purchase of this home.
See: http://www.nfpa.org/Assets/files/AboutTheCodes/54/GTI21323_Final.pdf
Research suggests that, at a minimum, and in addition to proper installation and bonding, the installation of lightning protection systems as per NFPA 780 and gas excessive flow valves (EFVs) may be essential in the presence of CSST, though not the end of due diligence. Finally, replacement of the CSST with threaded steel gas piping may be the only method certain of avoiding the risks involved with this product.
http://www.tracpipe.com/CSST_Gas_Pipe_Products/AutoTrip_EFV_Automatic_Gas_Shut_Off_Valve/
http://www.homesafety1st.com/files/excess_flow_data_sheet.pdf
CSST was deemed by a jury to be a defective product. See:
http://www.subrogationrecoverylawblog.com/2010/10/articles/products-liability/csst-1/jury-rules-that-csst-is-a-defective-product-in-landmark-case/
http://www.cozen.com/cozendocs/Outgoing/alerts/2010/Subrogation_102810.pdf
ATTENTION: FIRE AND EXPOSION HAZARD!
Based upon the evidence currently available, it is this inspector’s opinion that the CSST gas piping may be unsafe even if installed as per the manufacturer’s installation instructions.
You are strongly urged to consider having this system completely replaced with threaded steel gas piping prior to the end of any time periods associated with the purchase of this home and, more importantly, prior to occupying this home. Additionally, the owner of this home should be advised to immediately vacate the home and have the system either made safe (if possible) or replaced with threaded steel piping prior to moving back in.
