Swimming Pool Inspection Expert & Construction Defects

Why you need an expert inspection of your vanishing edge, infinity edge, negative edge or basic swimming pool.

Real Estate Sales or Title Transfers
Let's face it... real estate professionals are in the business of making the sale.  They work strictly on commission and if the sale does not happen, they do not get paid!

They are required by law to do their "due diligence" in obtaining the required inspections for their client.  However, does this mean that they are going to find the absolutely best swimming pool expert witness to inspect the pool, spa, waterfall, fountains or watershapes?  Of course not!

Qualified Expert Inspections?
Most real estate agents are only hire a local swimming pool service company.  Some will be even lazier and have the "home inspector" perform the pool inspection.  Most home inspectors are not even qualified to inspect homes and have never been general contractors, let alone swimming pool contractors.  Most of these inspections only cost a few hundred dollars... barely enough to cover their time and gas just driving to the pool site.


The pool service company is merely hoping to gain you as a service client or pick up some equipment repair work.  One of my local pool service company specializes in expansion joint mastic removal and replacement... so, every one of their inspections makes a comment about the serious condition of the mastic (caulking).

Very few of the owners of these companies have ANY experience designing or constructing swimming pools.  They are simply looking at the obvious things that an untrained layperson would identify... cracked tiles, loose coping, decayed plaster, rusting rebars, heaving or cracked pool decks and leaking or noisy equipment.

Exposure to Litigation
By hiring unqualified parties to perform inspections of complex steel reinforced concrete structures, electrical systems, safety bonding grids, hydraulic designs and the finish materials, they are exposing themselves to potential litigation should major issues develop with the pool.

I have been involved in a few of these cases.  Case in point, a real estate agent retained a local swimming pool service company to perform a pool inspection.  The first service company that could perform the site visit the next day and have the report completed that same afternoon was hired.

However, the person who visited the site failed to notice that the pool was slightly out of level, the concrete pool decks were seriously cracked and heaving and the trees on a nearby slope were tilting slightly downhill.

Though the initial inspection report noted that the mastic joint was wider than originally installed, no mention was made of the fact that the decks had actually pulled away from the pool.

When I visited the site, my immediate concern was of the stability of the slope.  Everything indicated that the pool, soils underlying the decks and the nearby slope were actually creeping.

The BIG Picture
I also noted that the stucco and foundation on the residence were cracking.  Though these were noted in the home inspectors report, no mention was made as to the potential cause.  The creeping slope was causing a lot more issues than just with the pool.

A soils engineer performed an inspection of the site & drilled some test bores.  The tests revealed that the site was a "cut & fill" lot and that the backyard soils were improperly compacted, nor were they keyed into the existing slope.  After 40 years, the soils settled and began to slide downhill.

After consulting with structural engineers, repairs to the foundation of the residence were devised and completed.  However, the swimming pool would have to be removed and replaced in order to install a drilled caisson foundation under the pool.

The resulting repairs to the residence and the replacement of the swimming pool cost over $350,000 (the heavy equipment required for repairs required the removal & replacement of landscaping, walkways, fences and part of the driveway).  The home inspector, swimming pool service company and real estate agent (and her broker) were all sued by the client. 

Combined, their insurance companies settled for slightly over $1,000,000.  Why so much more?  The owners stated that they would have not bought the property had they known that the structure, soils and swimming pool were defective.  They were also entitled to punitive damages, loss of use, devaluation to their property and attorney's expenses.

All of this because unqualified people performed inspections to meet a real estate agent's inspection budget and time constraints.

Unqualified inspectors who were not trained to see the big picture...

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

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

Swimming Pool Water Chemistry Expert Automation Chlorine Bleach Storage

Swimming pool water chemistry automation expert witness discusses the proper storage and metering of liquid chlorine bleach (sodium hypochlorite - NaOCL).

Proper Containment
Liquid bleach should be stored in a cool location out of the direct sunlight.  UV, heat and direct sunlight will degrade the bleach.  It will however stop degrading once it reaches a concentration of 5%.  The UV will also degrade the storage container, rendering the plastic brittle & prone to leaking.


Additionally, the heat will cause the bleach to off-gas, forming bubbles within the dispensing tubing.  Minimizing the length of tubing will reduce the formation of gas within the tubing.


Whenever large quantities of bleach (or acid) are stored, they must be contained within a secondary vessel.  This outer containment tank must be 110-120% of the capacity of the inner barrel.  The minimum quantity (gallons) and concentration of chemicals (%) stored on a site that will trigger the requirement for the secondary containment will be determined by the local authorities (usually the fire department or fire marshal).  


Dilution
Oftentimes a facility will have metering pumps that are sized incorrectly.  Instead of purchasing the correct equipment, maintenance staff attempt to "fine tune" the metering or dosing of the chlorine by diluting it with water.


However, this causes a myriad of problems that only serve to increase the required labor and maintenance cost, costing more in the long run than purchasing the correct equipment.


The high pH of the bleach causes the minerals in the water to precipitate out of solution.  These minerals and salts clog the metering pump, foot valve, tubing and solidify at the injection point.  This requires more frequent cleaning of these components with an acid solution.  Mixing acid with the bleach forms a dangerous chlorine gas (WWII = Mustard Gas).  This frequent and unnecessary exposure to hazardous chemicals and gasses can be avoided by merely using one's brain!


Salts Formation
It is virtually impossible to prevent the formation of salts at the point of injection into the pool plumbing.  The minerals inherent in the pool water will also precipitate out of solution at this point of contact.  Over time these salts will eventually clog the injector.


The solution to this is to install the acid injector in the line prior to the bleach injector.  The acid solution passing by the bleach injector will automatically clean the bleach injector.  The time required for build up of injector clogging salts will be lengthened exponentially.


Automation
Anyone who designs, specifies or builds commercial swimming pools, spas or aquatic facilities is a fool if they do not specify automation of the water chemistry.


Though they cost approximately $4,000 to install per vessel, the resulting operating costs are significantly reduced.  The water chemistry is constantly balanced, eliminating spikes in the chemicals from manually adjusting and dosing the water.  Manually dosing or adjusting the water causes unnecessary wear on the plaster, equipment and plumbing.


The automation is watching the water chemistry 24/7.  In an athletic club spa, this means it will automatically respond to the influx of bathers after an aerobics or gym class.  The water will not smell of "chlorine" - which is actually the off-gassing of bather waste that has turned into gaseous ammonia compounds called "chloramines."  That "chlorine" smell really means that there is not enough chlorine in the water!


The ever vigilant automation system prevents over dosing of chemicals if the facility is not used as heavily as was forecasted.  Conversely, if the facility has a sudden and unexpected influx of bathers, the chemicals are not overwhelmed and the pool or spa does not turn yellow or brown.

The cost of automation is within reach of even the smallest apartment or condo complex.  The cost - benefit analysis makes sense, the finishes and support equipment lasts longer, bather complaints are eliminated and reoccurring maintenance costs are reduced.


Water chemistry automation - it's a no brainer!

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

Historic Swimming Pool Restorations at Architectural Significant Estate and Property

Restoration of Historic Property - Estate Swimming Pools
The restoration of swimming pools at historic properties requires an expert with a broad background and experience.  Not only do these projects require technical expertise, they also require someone with the training and background in architecture, history and past building practices.


A Look Back
These projects always begin with an analysis of the existing condition of the vessel.  A complete study of the plumbing and electrical systems, condition of the finish materials, water tightness of the vessel and condition of the equipment room.


Oftentimes these older vessels were plumbed with iron or copper pipes.  Water velocity, chemicals and corrosion usually have wreaked havoc on these components, necessitating a replacement of the entire plumbing system.


This same corrosion usually has also decayed the electrical conduits, lighting fixtures and bonding grid.


Removal of the finish materials in a few areas will provide a representative sample of the condition of these materials, their soundness and the condition of the underlying structure.  It will also shed some light on the original installation practices - however correct.

The structure should be scanned once the finish materials have been removed, to determine the concrete coverage over the reinforcing steel.  Indications of shallow coverage may necessitate the addition of more concrete or other protective measures.


A Look Forward
Planning for the physical restoration requires the sourcing of like materials and maybe even some custom parts fabrication.  Original era fittings, drain covers and fixtures may need to be commissioned.  As an alternative, we have developed concealment details to completely hide these obtrusive apparatus.


Finish marbles, stones and tiles can be sourced to match the original.  Modern installation practices and materials can be employed during the re-installation, to guarantee water tightness and decades of continued performance.


Complete installation procedures and materials specifications must be provided to the materials suppliers and installation contractors.


A modern hydraulic design utilizing non-corrosive plastic plumbing, pumps and filters will ensure that the vessel operates better than new.  State of the art water chemistry monitoring and balancing computers, combined with an ozone system will ensure that the water stays properly balanced - significantly lengthening the lifespan of the finish materials and support equipment. 

Era styled light fixtures or concealed modern LED lighting fixtures can be installed to either exactly match the original or to conceal their presence.  The bonding grid will be replaced to meet current electrical codes and to ensure a lifetime of bather protection.


Better than New
The finished product will appear to be antique or ancient, but underneath it all it will be state of the art.


Technology has evolved significantly over the centuries.  The restoration of a vessel of historical significance, places a duty and burden upon the expert to hold true to the original architecture and design, while employing and incorporating modern techniques and construction methodologies.


It's all in the details!


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

Swimming Pool Electrical Defects Expert Witness

Swimming Pool Electrical Defects Expert Witness Paolo (Paul) Benedetti discusses electrical deficiencies.

Bonding it all Together
Swimming pool bonding is frequently confused with grounding.  They are two separately different matters.

Grounding - is a direct path from an electrical appliance (light, pump, heater, receptacle, etc,) to earth.  This path is provided by a grounding wire inside the appliance cord or supply wiring conduit.

Bonding - is a LOOP designed to connect all metallic components of a swimming pool, so that their potential ground is the same.


Although grounding and bonding are closely related, they do serve separate purposes — both of which work together to increase electrical safety.


The Perfect Path
Through no fault of the swimming pool, the hundreds of yards of damp steel in the shell often present the electricity with a better ground than is provided by the home’s copper grounding rod or by reinforcing steel in a building’s foundation (which is called an Ufford ground).

In a household electrical system, the electricity returning to the service entrance panel via the neutral conductor returns to the neutral bar in the cabinet. Only in this cabinet are the neutral and grounding bar connected to the metal cabinet.  Although designed to return to the utility transformer via the neutral conductor, electricity can travel across the metallic cabinet to the grounding bar and to the grounding rod.

When a watershape is properly grounded with a wire leading to that grounding bar, it senses that the steel in the swimming pool offers electricity another path to earth that may offer less resistance. In this situation, the possibility exists that, like some people I know, the electricity will take the easy way out.

If that happens, the electricity travels right through the grounding conductor that is connected to the pool equipment’s sub-panel. This electricity flows back to the various electrical components of the swimming pool (pumps, heaters, lights) via their grounding conductors rather than to the grounding rod.

When and if this flow occurs, the damp steel within a watershape shell may offer the best path to earth. In a properly bonded swimming pool, in which all metal components are tied together with a wire that goes back to the electrical panel and from there to ground, the pool and all its metal components exist on the same electrical potential and therefore do not provide a path of least resistance to ground, meaning among other things there is no risk of electrocution.

Where the bonding grid is lacking, inadequate or becomes disconnected from the grounding system, however, there can be a significant risk of electrocution.

Let’s assume that the grounding rod adjacent to the service entrance panel stands in extremely dry soil (poor conductivity), that its connecting clamp has come loose, conductor severed or has become corroded. If any of that is the case, the amount of electricity to be discharged into the earth via a pool’s steel grid may be significant — perhaps even deadly.

Given the possible range of conditions, let’s look at a set of simple scenarios:

>> A swimmer exits a properly bonded swimming pool via the stairs. He or she grabs the bonded metal railing in stepping from the pool, and at one moment has one foot in the pool and the other on a wet concrete pool deck. Although the pool and railing may be energized, the swimmer feels nothing at all because the pool, deck and railing all have the same potential ground. This simply means that all of the metal components are offering the electricity an equal path of resistance to the earth.
>> That same swimmer exits a pool where the metal handrail had been installed after the pool was built — without any bonding protection and without any contact to the reinforcing grid in either the pool or the deck. As the swimmer exits the water, he or she places a hand on the railing, has one foot on the deck and has the other in the pool (or maybe even both feet on the deck). The electricity flow from the pool, through the swimmer & into the earth via the metallic railing.  Because the swimmer is a part of the path of the electricity's discharge into the earth - they receive a shock.

Now let’s consider a third scenario:

>> A pool service technician walks up to a leaking pump on the same pool. Previously, he or she had cut the bonding wire to repair the motor. In touching the metal case, a fatal shock occurs as his or her wet feet present the electricity with a path of less resistance to earth.

Technically, the service professional became the final path of discharge. Just as the swimmer getting out of the pool using a non-bonded railing was electrocuted, just as the worker using the circular saw in my previous article was shocked to death, the technician effectively became the terminal path to ground and suffered a fatal injury.

The Best Bonds
Again, the principle behind bonding is to equalize the path to ground for the electricity.

In the first example of a properly bonded handrail, the swimmer didn’t feel anything, as the electricity flowed through the swimmer but traveled back to ground through the pool’s bonding grid. The swimmer did not provide the final path to earth for the electricity. As long as people are a protected by provision of a means for the electricity to “loop back,” they will not be a part of the path to the final point of discharge.

This is why bonding is so important. Section 680 of the National Electric Code outlines standards for bonding and grounding swimming pools. The following is not an all-inclusive list, but it covers the most common items requiring bonding:
>> Reinforcing steel of the swimming pool, equipment pad and pool deck
>> All metallic items greater than four square inches located within 10 feet of the water
>> Metal handrails, ladders, diving boards and slides
>> All electrical components, housings, junction boxes and niches
>> All junction boxes and niches feeding underwater lighting (with both internal and external bonding)
>> All electrical components associated with the swimming pool (motors, circuit panels, lighting fixtures, transformers, heaters, blowers)
>> Wrought-iron fences, metal downspouts, deck drains, deck anchors or volleyball poles.
>>  For pool that are not surrounded by decks with reinforcing steel (pavers, grass, etc.), a bonding grid of copper or stainless steel mesh must be installed around the perimeter of the pool & spa [NEC Sec. 680.26(B)(2)].
>> Since many pools are being constructed without metal components in contact with the water (light niches, SS hand railings, etc.), the water must also be bonded.  If your pool has a heater that is always in the water path, then more than likely the heat exchanger is bonded as well.  Otherwise a permanent source of non-corrosive metal to water contact must be provided.

Furthermore, the bonding conductor between a light’s junction box and the interior of the lighting niche may not be spliced. These internal bonding wires may only be interrupted within an approved enclosure and upon a grounding/bonding bar. In addition, bonding conductors may be either stranded/insulated or solid copper (minimum #8 size) — and redundancy isn’t a bad idea. In Canada, in fact, two bonding wires are required between the pool and the equipment pad.

If you follow these simple requirements, you’ll go a long way toward ensuring that people who come into contact with watershape fixtures and equipment will not become the path of least resistance. It’s the right thing to do, and it’s relatively easy to accomplish if you manage your construction operations well.

Reinforcing Steel Swimming Pool Expert Witness

Swimming Pool Expert Witness, Designer, Consultant and Contractor Paolo (Paul) Benedetti discusses the proper installation of reinforcing steel in a swimming pool.


Non-contact Lap Splices
The International Building Code (IBC) specifies that reinforcing steel shall utilize non-contact lap splices in shotcrete (gunite).

IBC Section 1913.4.3

“the use of contact lap splices necessary for support of the reinforcing is permitted when approved by the building official, based on satisfactory pre-construction tests that show that adequate encasement of the bars will be achieved, and provided that the splice is oriented so that a plane through the center of the spliced bars is perpendicular to the surface of the shotcrete.”

Why Non-Contact Lap Splices
The reasoning behind the non-contact lap splice, is due to the tens (maybe hundreds) of thousands of pools that contain marginal quality shotcrete.


This marginal quality is the direct result of poor placement, mix design (too much water), utilizing deficient materials (shoveling trimmings, waste and rebound into the pool shell) and inferior workmanship.


Add to the aforementioned sub-contractor issues, the fact that overlapping reinforcing bars that contact each other can create a shadowing effect in the shotcrete.  This shadowing effect can cause linear hollow voids behind the contact laps.  Sure these can be avoided through proper nozzle control and superior workmanship.  But after decades of poor shotcrete workmanship nationwide, the IBC wised up.

Basically, the IBC realized that the swimming pool shotcrete industry lacked quality and superior workmanship.  The City of Los Angeles even went so far as to require a Deputy Inspector watch the entire shotcrete process (a paid babysitter for the shotcrete sub-contractor).


Why some Engineers disagree
After decades of selling marginal to inferior structural designs via mail order, these structural engineers must now defend their prior work product.


Structural failures due to inferior shotcrete placement and workmanship is only a part of the equation.  Coupled with decades of specifying low strength shotcrete, their prior work product instantly becomes suspect.  They find themselves up against the ropes.  The industry is raising the standard that they have degraded for so long.  Attorney's will seize upon the argument....


Because their client base is primarily the inferior to marginal swimming pool contractors, they cannot demand that they operate at a higher standard.  These contractors barely make a profit on each project as it is.


Why would you want a Structural Engineer as an Expert Witness who does not demand soils reports from his clients (contrary to the UBC), advocates weaker concrete (contrary to the ACI/ASA), inferior steel placement (contrary to the IBC) and low quality control standards for an entire industry?


Hardly setting a high bar...


A comment about Paolo (Paul) Benedetti from another pool builder:
"The guy truly cares about this industry and the mark he leaves on it with everything he does.  He is a real professional operating at a real professional's level.  If you want to be great in the pool industry, Paul has set a high standard and has raised the bar substantially.  This is one of the people to follow and learn from, he truly is a ROCKSTAR in our industry." - Kevin Woodhurst

Swimming Pool Construction Expert Witness, Consultant, Designer and Contractor Paolo (Paul) Benedetti discusses defective hydraulic design and plumbing deficiencies.

Swimming Pool Construction Expert Witness, Consultant, Designer and Contractor Paolo (Paul) Benedetti discusses defective hydraulic design and plumbing deficiencies.


Getting it from Here to There... Safely & Efficiently
Hydraulics is the science and physics involved with the properties and movement of liquids.  In swimming pools, this involves the movement of water through piping, pumps, equipment and fittings.  

Swimming pool are the most common form of construction that is almost entirely "design & build."  That is, the person who sells the product also designs and builds it.

And therein lies the problem.  A pool salesman has absolutely no business specifying pipe and pump sizes during a sales call.  Nor is it proper for the plumbing subcontractor to define the pipe sizes during installation.

Engineered Systems 
The hydraulics of a swimming pool must be properly designed in order to operate efficiently, quietly and safely.

The line velocities (the speed at which the water travels through the pipes) must be maintained within defined parameters.  Too slow and debris will settle in the pipes.  Too fast and the system develops excessive resistance (dynamic head), noise, water hammer, premature equipment failure, pump cavitation and an unsafe bather environment (excessive suction).


Whether the system is designed by a mechanical engineer or through the use of hydraulic design software (created by an engineer), strict adherence to the standards must be maintained.


The national standards quantify the absolute maximums for line velocities.  This does not mean that this is the goal... it is the speed limit, the maximum speed that the water can travel.


In conjunction with the line velocities, other factors such as gallons per minute (gpm), flow rates, turnover rates, equipment and fitting head pressures and the total dynamic head (tdh) of the complete system must be accounted for.


Restrictions to flow
Every length of pipe, pipe fitting, valve, filter, apparatus and trim fitting contributes to resistance in the system.  Smaller diameter pipes have a lower maximum flow rate than larger pipes.  The hydraulics of the system must be defined, before the exact pipe size can be specified.

The Correct Design Process 
Starting with a scaled site map (project layout), the plumbing is diagrammed and laid out.  The lengths of pipe and the pipe fittings are added up.  The required system flow rate is extracted from the turnover rate.  

A "guesstimate" is made from flow rate charts as to the appropriate pipe size.  The filter(s) is chosen based upon the filter's allowable flow rates.  The dynamic head (resistance to flow) of the other system components are also added to the system design calculation.


The system's TDH is then calculated from all of these variables.  Finally, looking at manufacturer pump curves, a pump size is chosen.  The TDH and required flow rate should fall within the center of the pump's operating curve.


Sometimes the TDH of the system may be to great.  This is easily adjusted by increasing the diameter of the system's plumbing.  This drops the restrictions and therefore the TDH.

Arbitrarily selecting pipe size and pump horsepower is asking for trouble.  Pumps that are forced to operate outside of their operating curves are less efficient, noisy (cavitation) and prone to premature failure.


Graeme Baker Safety Act
The GBSA was the governments response to horrific and tragic entrapment accidents.  These accidents were a direct result of poorly designed hydraulic systems.


Almost every system involved in suction entrapment accidents had excessive line velocities at the suction points (drains).  The easiest means to decrease the velocity at a drain, is to install multiple drains.  In addition to lowering the line velocities, the alternate suction points allow for the diversion of the suction in the event of obstruction of any single drain.  Properly spaced and placed, blockage of multiple drains is virtually impossible.


Drain Grate Flow Rates
Split drains have been the minimum standard for years.  For years prior to the GBSA, the IAPMO and NSPI (now APSP) Swimming Pool Plumbing Standard specified a minimum of 2 suction points for each pump.  But swimming pool contractors have ignored this published standard repeatedly.


How many single skimmer pools with a single main drain exist in the US?  When the skimmer becomes blocked, the main drain becomes the SOLE SUCTION POINT for the pump.  This is hardly 2 suction points!


The grates for main drains also have a maximum flow rate.  The flow rating is lowered when the grate is mounted in a horizontal position (pool wall or spa bench).  This means that 2 drains in the floor may suffice.  However, when one drain is located horizontally, the system may require 3 drains (2 on the horizontal & one on the floor).


This is a contractor induced system design flaw that is still occurring.


As a goal, the suction at the drain inlets should be a minimal as practical.  This is especially important for vertical inlets, as bathers with long hair may become entangled in grates with excessive flow rates.


The solution to these issues is a properly designed, engineered, specified and installed hydraulic system.  

As a result, the owner will have a safe bathing environment that will operate at peak efficiency and with minimal noise.