Re: ***Major HWH manufacturers require the tanks***

Posted by CM on January 18, 19101 at 17:24:24:
In response to Re: *Major HWH manufacturers require the tanks*
I agree with you that the municipality, if they were 100% on top of things, should have warned you. But "should have" and "are required to" are two very different things in a legal sense. They simply will not take responsibility for what is essentially a design omission on the part of the installer. If you have a claim, it is against the installer. A building code official is not even responsible for insuring that a particular installation meets code (even if they inspected and passed it!); the installer, in being listed on the permit, attests that they are installing it so. If your particular municipality was lax in writing their permit conditions, you may have a case, but most follow standard language that absolves them of any such claims. I should note that I'm not a lawyer; but I am a construction manager, and I wish you did have a claim because it would make life much easier for the likes of me. You may want to talk to a lawyer that specializes in this area, but I would not be overly optimistic. Good Luck! : "The municipality would only have responsibility if the problem was universal and they failed to require the particular design." : Major hot water heater manufacturers require the thermal expansion tanks in their USE AND CARE MANUALS. Plumbers are installing them in NEW CONSTRUCTION in our area as required in the state code. No, every water heater in town isn't failing after the existing home is hooked up to public water but this is probably due to leaking in the home (perhaps thermal pressure is pushing expanded water into toilet tanks....in my neighbor's case, they didn't experience any problems until an outside leaking hose bib was replaced causing their system to become sealed). Soooooo, surely the municipality should be held responsible for the claims of homeowners of existing homes who have hooked up to the public water system and incurred damages. Right? Still wondering if I have a good claim. Thanks for your response. :

Posted by CM on January 18, 19101 at 17:24:24:

In response to Re: ***Major HWH manufacturers require the tanks***

I agree with you that the municipality, if they were 100% on top of things, should have warned you. But "should have" and "are required to" are two very different things in a legal sense. They simply will not take responsibility for what is essentially a design omission on the part of the installer. If you have a claim, it is against the installer. A building code official is not even responsible for insuring that a particular installation meets code (even if they inspected and passed it!); the installer, in being listed on the permit, attests that they are installing it so. If your particular municipality was lax in writing their permit conditions, you may have a case, but most follow standard language that absolves them of any such claims. I should note that I'm not a lawyer; but I am a construction manager, and I wish you did have a claim because it would make life much easier for the likes of me. You may want to talk to a lawyer that specializes in this area, but I would not be overly optimistic. Good Luck!

: "The municipality would only have responsibility if the problem was universal and they failed to require the particular design."
: Major hot water heater manufacturers require the thermal expansion tanks in their USE AND CARE MANUALS. Plumbers are installing them in NEW CONSTRUCTION in our area as required in the state code. No, every water heater in town isn't failing after the existing home is hooked up to public water but this is probably due to leaking in the home (perhaps thermal pressure is pushing expanded water into toilet tanks....in my neighbor's case, they didn't experience any problems until an outside leaking hose bib was replaced causing their system to become sealed). Soooooo, surely the municipality should be held responsible for the claims of homeowners of existing homes who have hooked up to the public water system and incurred damages. Right? Still wondering if I have a good claim. Thanks for your response.

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