YOU OUGHT TO KNOW - Texas Professional Real Estate Inspectors

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LIGHTNING FROM SPACE
TOP 10 LIGHTNING STRIKES
DEFINITION: NEC, IRC
• Grounding: The process of making an electrical
connection to the general mass of the earth. This is
most often accomplished with ground rods, ground
mats, concrete encased electrodes or some other
grounding system. Low resistance grounding is
critical to the operation of lightning protection
techniques.
• Bonding: The process of making an electrical
connection between the grounding electrode and
any equipment, appliance, or metal conductors:
pipes, plumbing, flues, etc. Equipment bonding
serves to protect people and equipment in the event
of an electrical fault.
WE ARE HERE BECAUSE
• Manufacturers of CSST trying to place liability for their
product installation onto inspectors, electricians
• Jan statement (would have set precedent)
• Actions in other states
• IAC made inspectors in charge of a new hazard in the
preamble and the SoP subjective requirement to inspect
bonding and grounding.
PREAMBLE REQUIRED TO BE USED AS OF SEPTEMBER 1 ST 2015
Each year, Texans sustain property damaged and are
injured by accidents in the home. While some
accidents may not be avoidable, many other accidents,
injuries and death may be avoided through the
identification and repair of certain hazardous
conditions. Examples of such hazards include:
• Malfunctioning, improperly installed, or missing ground fault circuit protection (GFCI) devices for
electrical receptacles in garages, bathrooms, kitchens and exterior areas;
• Malfunctioning arc fault protection (AFCI) devices;
• Ordinary glass in locations where modern construction techniques call for safety glass;
• Malfunctioning or lack of fire safety features such as smoke alarms, fire rated doors in certain
locations, and functional emergency escape and rescue openings in the bedrooms;
• Malfunctioning carbon monoxide alarms;
• Excessive spacing between balusters on stairways and porches;
• Improperly installed appliances;
• Improperly installed or defective safety devices;
PREAMBLE
• and lack of electrical bonding and grounding;
• And lack of bonding on gas piping, including corrugated
stainless steel tubing (CSST)
PREAMBLE
To ensure that consumers are informed of hazards
such as these, the Texas Real Estate Commission
(TREC) has adopted Standards of Practice requiring
licensed inspectors to report these conditions as
“Deficient” when performing an inspection for a buyer
or seller, if they can be reasonably determined.
REASON WE CANNOT IGNORE THIS
REASONS WE CANNOT IGNORE THIS
• In accordance with TREC rules we are to report a hazardous condition, ......
• TREC Commission approved above which put us in the middle of lightning and
bonding and CSST
• Clients who will read preamble so we have to address CSST
• We are trying to serve clients and maintain our living and industry
• While not tainting the sellers property
• Limitation of inspection – how many of your are departing or limiting Bonding
and Grounding?
REASONS WE CANNOT IGNORE THIS
• Approved material
• Called a hazard by TREC
• Growing evidence that CSST is not good in lightning prone areas with no
completely way to correct it
• Tainting sellers homes
• Manufacturers spending $ on lobbyists, attorneys and getting state laws changed
• Clients will read the preamble
It is stated in [149: CSST Gas Line Bonding - BCW.ppt]: "CSST
installations and proper bonding lack uniformity:
• Good municipal inspectors assure proper installations.
• Other municipalities don’t even know of the issue.
• They rely on the plumbers (who don’t know about grounding).
• They rely on the electricians (who aren’t looking at the plumbing)."
KNOWN
• TREC Preamble change on September 1
• The inspection report is your communication tool to your client.
• SoP requirement to check for bonding and grounding
WHAT DO WE KNOW FOR SURE?
KNOWN
• SoP requirement to check for bonding and grounding
• (a)Service entrance and panels. The inspector shall:
• (1)report as Deficient:
• (G) deficiencies in:
• (v) bonding and grounding
CAN YOU DO WHAT TREC REQUIRES WITH BONDING AND GROUNDING?
KNOWN
• Gastite black jacket patent application calls yellow jacket
dangerous
• One manufacturer cannot sell yellow jacket in Texas yet I can
buy it at home depot today from other manufacturers and so
can anyone else
• Suits are being settled rather than by judge or jury deliberation
which ends in gag orders
• Electricians are not willing to check, confirm or repair bonding
issues
KNOWN
CSST from various manufacturers are;
• Listed by UL
• ICC ES but none are dated prior to 2011
KNOWN
KNOWN
One must be a
certified installer
(by the manufacturer
of the brand being
installed)
WHY DO YOU HAVE TO DEAL WITH THIS IN YOUR
COMMUNICATIONS?
As you watch the following slides, the information
provided is styled to help you formulate your
statements and comments.
• BECAUSE THIS IS AN EVOLVING ISSUE WITH A GROWING MOUND OF
EVIDENCE AGAINST CSST
• AND BECAUSE YOU BEAR LIABILIITY FROM CLIENTS AND HOME
SELLERS
• AND BECAUSE YOUR GOVERNING RULES HAVE PUT YOU IN AN
INDEFENSABLE POSITION
• AND BECAUSE YOUR GOVERNING RULES ARE AMBIGUOUS AND NOT
PRESCRIPTIVE
• AND BECAUSE YOUR GOVERNING RULES REQURE THAT YOU DO WHAT
ELECTRICIANS WILL NOT
• AND BECAUSE CODES, MANUFACTURER’S INSTALL INSTRUCTIONS
CHANGE
COMMUNICATIONS
• STAY WITH THE FACTS
• AND POINT TO THIRD PARTY INFORMATION
TO POPULATE YOUR COMMUNICATION
FACTS
CODES
NEC
.5
•
IRC
• 250.1
• 7.13.3
•
G2411.1 (310.1)
• 250.1.A.2
•
.4
•
G2411.1.1 (310.1.1) CSST.
• 250.1.A.3
• 7.13.4
•
TABLE G2413.4(5) [402.4(15)]
• 250.1.A.4
• 7.15.1
•
TABLE G2413.4(16) [402.4(32)]
•
TABLE G2413.4(6) [402.4(18)]
•
TABLE G2413.4(17) [402.4(33)]
•
.2
NFPA
• Standard 54
•
G2422.1 (411.1)
• 7.13.1
• Standard 780
•
G2422.1.1 (411.1.2)
•
.2
•
G2422.1.2 (411.1.3)
•
2.1
•
G2424.1 (415.1)
•
E3609.7
• 7.13.2.2
•
.3
•
.4
MANUFACTURERS INSTALLATION INSTRUCTIONS
•
Gastite
•
Wardflex
•
TracPipe
Titeflex Corporation
Ward Manufacturing
OmegaFlex
603 Hendee Street
115 Gulick St.
Subsidiary of Mestek, Inc.
Springfield, MA 01104-0054
Blossburg, PA 16912
251 Creamery Way
(413) 739-5631
(717) 638-2131
Exton, PA
(800) 662-0208
(800) 248-1027
(800) 671-8622
•
Parker PGP
•
Pro-Flex
Parker Hannifin Corporation
Tru-Flex Metal Hose Corp.
Parflex Division
Highways 263 & 28
Ravenna, Ohio 44266
West Lebanon, Indiana 47991
(800) 727-3539
(800) 255-6291
RD
3
PARTY
RD
3
PARTY
Texas State Fire Marshalls statement
www.tdi.texas.gov/fire/fmemews.htm#june28
• Chris Connealy
• 333 Guadalupe Street, Austin Texas 78701
• 512-305-7900
• 1800-578-4677
RD
3
PARTY
COZEN O'CONNOR APPRAISERS BROCHURE AS
3RD PARTY MATERIAL
COZAN O'CONNOR ADJUSTERS HANDBOOK
FROM THE BROCHURE…
“WHAT IS THE DANGER ?”
Since the introduction of CSST, there has been an increase in fire
damage caused by lightning strikes. Direct and indirect lightning strikes
can energize CSST, inducing current that attempts to use the metal
conduit to reach ground. The corrugated design and the thin walls
cannot withstand the energy produced, causing a hole to be melted in
the CSST. That hole results in the release of pressurized natural gas or
propane into the structure, which immediately ignites and rapidly fuels a
fire (“the blowtorch effect”).
3RD PARTY
FROM THE GOVERNORS DECLARATION
3RD PARTY
TREC PROMULGATED REPORT FORM 7-5
PREAMBLE…
WHERE CSST IS NOW PART OF THE HAZARDS
LIST
3RD PARTY
REQUEST THAT THEY CHECK WITH THEIR
HOMEOWNERS INSURANCE PROVIDER TO
CONFIRM THAT THEY APPROVE OF CSST
RD
3
PARTY
• REFER TO THE MANUFACTURER’S STATEMENTS DECLARING
IMPROPER INSTALLATION OF CSST TO BE A HAZARD
• EVEN WITH PROPER BONDING THE OCCUPANTS ARE NOT
GUARANTEED OF SAFETY
• NO FULL PROTECTION FROM LIGHTNING
CSSTSAFETY.COM
3RD PARTY
BTFgaslinesafety.org
Hosted by the Brennen Teel
Foundation
RD
3
PARTY
INTERNACHI FORUM WHERE ALL TV
NEWSCASTS ON CSST CAN BE FOUND
http://www.nachi.org/forum/f71/corrugated-stainless-steeltubing-tv-newscasts-post-yours-101315/
RD
3
PARTY
•Electricians
•Plumbers
STATEMENTS FROM
AROUND THE STATE
STATEMENTS
According to the Texas State Fire Marshal, there are
concerns about increased risk of lightning related fires
and CSST. All parties, seller and buyer, are advised to
have the CSST installation, including electrical
bonding, inspected by a manufacturer approved CSST
installer prior to closing.
STATEMENTS
The "D" box is selected to draw attention to the
topic but cannot determine or designate the
material and installation is safe or unsafe. The
Texas Real Estate Commission and inspector
recommends contacting the Texas State Fire
Marshall for further information.
STATEMENTS
Manufacturers believe that this product is
safer if properly bonded and grounded as
required by the manufacturer’s installation
instructions. Proper bonding and grounding
of the product can only be determined by a
licensed electrical contractor.
STATEMENTS
A gas piping system called CSST is present in this
home. CSST is used to transmit gas in residential,
commercial and industrial structures. CSST
consists of a continuous, flexible, stainless steel
pipe, and typically is covered with a yellow
exterior plastic coating.
STATEMENTS
CSST does not include gas-appliance
connectors (e.g., a connector that runs
from a gas outlet to an appliance).
STATEMENTS
We may not attempt to identify the
type of CSST present and more than
one brand may be involved.
STATEMENTS
A lawsuit claims that CSST poses an unreasonable risk of
fire due to lightning strikes. The plaintiffs allege that the
CSST tubing is not thick enough to prevent damage to the
CSST in the event of a lightning strike and that
manufacturers failed to warn consumers about these alleged
dangers. The manufacturers deny these allegations and
assert that their CSST is safe if properly installed in
accordance with local codes and the manufacturers’
instructions.
STATEMENTS
We recommend that you read the details of
the lawsuit and settlement, which can be
viewed at:
http://www.pddocs.com/csst/faq.aspx#
STATEMENTS
CSST Class Action - InterNACHI
Inspection Forum
http://www.nachi.org/forum/f20/corrugate
d-stainless-steel-tubing-class-action9513/#ixzz3aS5ItIns
STATEMENTS
I defer inspection of all CSST, installation and bonding,
to an expert that satisfies the requirements of local
code officials, gas provider, TREC, the Fire Marshall,
the manufacturers, the lender and the property
casualty insurance provider. I specifically say "I am not
a certified CSST expert and did not inspect the CSST
system.
STATEMENTS
If someone provides a receipt beforehand that
indicates the CSST is acceptable I still refuse
to inspect or approve it.
STATEMENTS
If I see the new CSST (black jacket) I
also say "NI" and refer an expert. I will
have nothing to do with CSST
whatsoever.
STATEMENTS
There was no bonding wire observed at
the CSST (Corrugated Stainless Steel
Tubing) gas connections in the attic (pic
1). Direct bonding is required for all gas
piping systems using standard (yellow)
CSST
STATEMENTS
The gas pipe was in direct contact with the
roof decking in some areas of the attic (pic
3). This could allow roofing nails to pierce
the gas pipe during roof repair.
STATEMENTS
I do not provide the reference material. I
let the CSST expert provide that. If I
provide the information then I might be
forced to defend its content.
STATEMENTS
It is strongly recommended to have the CSST installation,
including bonding, performed by a licensed
electrician/plumber/installer who meets the requirements of
parties such as local code officials, gas provider, TREC, the
Fire Marshall, the manufacturers, the lender and the property
casualty insurance provider. Improper installation of CSST is
considered a hazard by the Texas Real Estate Commission
(see page 2 of the report).
STATEMENTS
• I never say OK on any install including newer
materials. I depart and say "NI". "I do not know if
today's install will be tomorrows recall.
• I never say it is a bad product, unsafe, is involved
in litigation, meets code, is OK etc. "I know nothing“.
• Manufacturer’s install instructions change.
• I defer approval to many other parties prior to
closing, especially insurance companies.
STATEMENTS
I indicate the TREC hazard statement became rule in
September 2015 and that prior inspection reports did not
contain the statement (try to save the prior inspector, sellers
will be angry with them). "TREC's decision to specifically
identify improper CSST installation as a hazard became
effective September 2015. Prior inspection reports do not
contain or require promulgated TREC language regarding
CSST potential hazards"
STATEMENTS
• I always check "NI" and sometimes "D" & "NI".
• Keep in mind the manufacturers recommend
NFPA lighting suppression systems in areas with
a high incidence of lightning. That might be most
of Texas. Direct bonding may be only a part of
their recommendation.
STATEMENTS
What responsibility do you have to an occupant
(seller)? It could be manslaughter risk if they died
the night after your inspection. Consider a brief
addendum that you leave on their counter (take a
picture) and send an email to the listing agent
(makes them responsible for the occupant and
disclosure doc update?).
STATEMENTS
• Sarcasm. If someone asks how to
eliminate lightning related gas line fires I
would say "live in an all electric home".
STATEMENTS
I note accessible locations where I cannot see a bonding wire and
connection.
• Gas lines
• Water heaters
• Cooktops
• Water lines
• Etc
• Even if seen I cannot determine that this system is bonded to
ground.
• Refer to a licensed electrician to confirm proper bonding of all
systems.
APPLIANCE CONNECTORS
APPLIANCE CONNECTORS
• Are CSST
• Not required to be bonded on the label
• But neither was full house CSST by the
manufacturer’s until 2009
APPLIANCE CONNECTORS
APPLIANCE CONNECTORS
APPLIANCE CONNECTORS
Growing number of inspectors who are
communicating that there was no visible
bonding at visible CSST appliance connectors
and calling it a deficiency
FINALLY
• IS ANY AMOUNT OF BONDING OR GROUNDING
ADEQUATE PROTECTION AGAINST LIGHTNING?
• EVEN WITH A LIGHTNING ROD SYSTEM?
• NO MORE THAN A CONVENTIONAL HOME CAN BE
BUILT TO WITHSTAND A TORNADO!
• THIS STORY IS NOT FINISHED! KEEP RESEARCHING
AND REACHING FOR SEMINARS SUCH AS THIS.
You are the last line of defense for the Texas
Homebuyer
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