Showing posts with label codes. Show all posts
Showing posts with label codes. Show all posts

Sunday, February 14, 2016

Sloppy pool construction practices

Which of these sloppy construction practices is your pool builder guilty of using? 

No soils reports (even in differential soils)?
Undermining the foundation of a house by digging too close?


Using flexible PVC tubing (meant for portable above grade spas) because they were too lazy to heat bend pipe?


Only install 2-bar bond beams?
Install reinforcing steel or pins in contact with the forms or earth?


Place your pipes directly on the earth, because trenching to place them below grade is too difficult?


Use the same steel schedule for every single project or utilize generic / mail order engineering without regard to surcharges (soil conditions, building foundations, hydrostatic conditions, wind loads, etc) ?
Use flimsy forms that do not provide a solid surface to shoot against (as required by ACI & ASA) ?



If your pool builder does not know why these practices are forbidden or against industry practices, then they need some training and education. Unfortunately, this is an industry of "on the job training"... but if the people they learned from were doing it wrong... the tradition continues !

Did you know that the International Building Code (IBC) and International Residential Codes (IRC) REQUIRE soils reports, project specific structural engineering (structures must be designed to overcome the anticipated loads) and minimum shell thicknesses? Some states have adopted their own more restrictive building codes (but they are based upon the IBC & IRC - e.g. CA & FL).

Most building departments that do not enforce their adopted building codes, do so, out of ignorance. The liability in the event of a failure, falls on the contractor, as the government has immunity. It is your builders responsibility to know the codes and to follow them.

Just because they have done it that way for 35 years, does not make it RIGHT... SAFE or LEGAL.

You should be constantly learning, something new everyday - then putting that into practice.  If you think that you "know it all," then it is time to retire.

I cannot count the number of times that pool builders in various courses or lectures have come up to me after and said, "You know we've been doing it that way for XX years. I never knew that it was wrong," "That explains why we have that type of failure constantly occurring," "I wish someone would have taught me the correct way years ago. It would have saved me thousands of dollars in remedial repairs."

EDUCATION is cheaper that demolition and lost consumer confidence.

No, I'm not saying all of this because I've been sued or have a vested financial interest in any education programs. I am saying this because I want to elevate the practice of building pools and make this industry better. Anyone who knows me, knows that though there are various techniques, there is only one way of doing something - the RIGHT WAY ! 

How do you know that your pool is being built in compliance with the building codes, if the local building inspector does not know what he is looking at?  Hire an independent inspector or "owner's representative" to ensure that your project is built "per code."

Paolo Benedetti, SWD Aquatic Artist, Watershape Consultant, Expert Witness, International Construction Management 
Contact the author at: info@aquatictechnology.com or 408-776-8220 
"Creating water as art."™ 
Aquatic Technology Pool and Spa© 
©www.aquatictechnology.com 
All rights reserved.

Tuesday, May 20, 2014

Benefits of Hiring a Swimming Pool Expert Witness

 Benefits of Hiring a Swimming Pool Expert Witness

A credible swimming pool expert witness can reinforce and support a case, resulting in a positive outcome for the client.  However, do not expect the Swimming Pool Expert Witness to "twist the truth" to support your case.  They are ethically and legally bound to tell the truth, based upon the facts of the case.

Swimming Pool Expert Witnesses can testify in matters involving:
  • Swimming Pool Design Standards
  • Construction Defects
  • Hydraulic Design, Line Velocities, Flowrates
  • Suction Entrapment
  • Evisceration
  • Hair, Clothing Entanglement
  • Acceptable Industry Workmanship and Standards
  • Admonishments, Instructions and Warnings
  • Equipment Failures and Fires
  • Plumbing Leaks and Flooding
  • Water Chemistry Management
  • Health and Safety Standards, Inspections
  • Drowning Prevention Measures, Gates and Fences
  • Swimming Pool Alarms
  • Waterpark Standards
  • Staff & Lifeguard Training & Record Keeping
  • Standards of Care
  • Diving Accidents and Reconstruction
  • Indoor Pool Air Quality
  • Filter Tank Separation
  • Equipment Maintenance, Operation and Testing
  • Electrocution and Electrical Safety
  • Bonding and Grounding
  • Ground Fault Circuit Interrupters (GFI/GFCI)
  • International Building Code
  • International Mechanical Code
  • International Residential Code
  • International Swimming Pool and Spa Code
  • International Plumbing Code
  • International Fire Code
  • ANSI / NSPI Standards
  • ANSI / APSP Standards
  • Virginia Graeme-Baker Safety Act (VGB / VGBSA)
  • State Building Codes
  • Published Industry and Trade Standards 
  • Standards of Care


Paolo Benedetti, SWD Aquatic Artist, Watershape Consultant, Expert Witness, International Construction Management 
Contact the author at: info@aquatictechnology.com or 408-776-8220 "Creating water as art."™ 
Aquatic Technology Pool and Spa© ©www.aquatictechnology.com 
All rights reserved.

Sunday, December 2, 2012

Pools & Spas Expert Witness - Construction & Design Defects

Construction Defects Analysis - What exactly is a "construction defect?"

Concrete swimming pool and spa construction expert Paolo Benedetti discusses what constitutes a "defect" or "deviation."

Exactly what is a defect or deviation?

A "defect" is an aspect of a project that is installed in conflict with any of the following:
  • building codes
  • local ordinance or law
  • industry standards
  • accepted trade practices 

A "deviation" is an aspect of a project that is installed in conflict with any of the following:
  • manufacturers recommendations or instructions  
  • project specifications or designs
  • plans
  • contractual requirements 

Defects may be further broken down into "lack of knowledge," "installation errors," or "component failures."  Many times there are overlapping causes of project defects - the most common being ignorance that results in installation errors, that then affect the ability of materials to perform properly.

Deviations may affect the performance of materials, the functionality of the project or the project's appearance and finish.  They may eventually cause some sort of failure, whether it be structural, performance or aesthetic. 

A defect is always the result of some sort of deviation.  However, a deviation may not always result in a defect.   For example, if an installation is performed perfectly and the materials fail to perform, then the materials experienced a deviation from the quality standards.

Laws

Building codes are the laws that govern how construction projects are to be designed, engineered and built.  Like traffic laws, how stringently they are enforced is dependent upon the local authorities.  And, just like when there is a traffic collision, various obscure laws may be enforced after the fact... even laws you were not aware of!

Building codes often make reference to or may even directly incorporate various industry or trade standards and workmanship guidelines.  Any referenced standards become a "second tier" of the building codes that are also legally binding.

Local ordinances are laws, codes or requirements that have been adopted by the local jurisdiction.  They create more restrictive standards than those adopted by the broader authority.  An example, is a county that requires stronger glass windows than required by state law.

Industry standards and accepted trade practices only become law when they referenced in an existing code or ordinance.  If there is a dispute regarding workmanship, defects or deviations, then in civil or administrative hearings these are incorporated into the collection of enforceable standards.

Responsibilities

The structural engineer has the responsibility of designing the project to overcome the anticipated loads and to exceed the current building codes.

The contractor then executes the engineer's design.  It is the contractors responsibility to ensure adherance to the applicable codes.  They have the additional burden of ensuring that all work is performed to the highest code or standard that is applicable to any aspect of a project.

When installed materials fail to perform correctly, then the contractor does not bear any liability, provided that they adhered to the highest applicable standard.

This is why, when codes, standards, plans, specifications or manufacturer's instructions are in conflict with one another, the strictest standard shall prevail.

It's all about liability and responsibility!
 
Paolo Benedetti 
Aquatic Artist, Consultant & Construction Defect Expert Witness 
"Creating water as art."™ 
Aquatic Technology Pool and Spa 
©www.aquatictechnology.com

Wednesday, June 27, 2012

Swimming Pool Construction Defect Expert Witness Inspection Report

What is the swimming pool expert witness 's inspection process for a construction defects claim?

The expert will want to collect as much information as possible regarding your case.  Armed with as much information as possible, will allow them to make an informed opinion as to the state and condition of the project.


Review of the Documents
Review and analyze everything that is known...
  • Contracts
  • Plans
  • Specifications
  • Change Orders
  • Structural Engineering
  • Site Survey
  • Topographical Maps
  • Emails and correspondences
  • In-Progress Construction Images
Any documents on file with government agencies:
  • Permit application
  • Plans
  • Structural Engineering
  • Inspection records
  • Correction Notices
Site Inspection
A comparison of what was actually constructed as compared to what was contracted for and what was officially approved for construction by the governing agencies.
  • Size, depths & dimensions
  • Placement and elevations
  • Materials and quantities
  • Workmanship
  • Compliance with acceptable or published industry/trade standards
  • Adherence to building codes (whether or not they were enforced by the governing agency) and national standards
The Inspection Report
The report will identify the visible defects.  The deficiencies will be digitally photographed and documented.

Each construction defect will be identified.  The supporting building code, law, manufacturers instructions, trade standard, industry guideline or accepted method will be cited. 


The codes, standards, ordinances or other applicable statutes will be cited - to validate the findings.


A digital catalog of the defects will be cross referenced with the defects list.

Recommendations for additional testing or inspections by specialized experts may be made.  The justification for the additional work will be stated.

Once the report has been provided to the client, it is up to the client and their legal adviser as to how they desire to proceed.


Paolo Benedetti - Aquatic Artist, Consultant & Construction Defect Expert Witness 
"Creating water as art."™ 
Aquatic Technology Pool and Spa 
©www.aquatictechnology.com