In loving memory of Kenis D. Keathley 6/4/81 - 3/27/22 Loving father, husband, brother, friend and firewood hoarder Rest in peace, Dexterday
  1. Lousyweather

    Lousyweather

    Joined:
    Dec 23, 2013
    Messages:
    2,798
    Likes Received:
    9,040
    so, seems a guy wants to do his own installation.....leaving the town out of the equation for obvious reasons......wants to put the freestanding unit in the same flue as an existing oil furnace unit. Well, as we all know, that's a no-no. So, we tell him so. He's adamant.......and then wants us to travel out and check his installation after the fact, to make sure "its ok"........I told him that we didn't need to travel an hour one way (for free) and back, that I could tell him right here and now that its NOT ok, that its a health hazard to himself, his family, and God forbid, any first responders who might have to go there......still adamant he is. Then insistent, so, I resorted to telling him that if I had to travel out there and look at the work I warned him not to do, that if I saw that, my next call with to the code official in town, informing them of an unsafe situation.......didn't go well.....

    So, how do you folks think it should be handled.....I don't wanna be within 10 miles of this thing! Im licensed, insured, and (probably) legally liable if I know he actually does this......what say you?
     
    Pallet Pete and wildwest like this.
  2. savemoney

    savemoney

    Joined:
    Oct 3, 2013
    Messages:
    13,457
    Likes Received:
    69,070
    Location:
    Chelsea Maine
    That's his monkey on his back. I would tell him that self installs are inspected by the code enforcement person designated by his town. I would only make house calls to evaluate for new install, or install a unit, or to repair or maintain a stove, but by no means tell him you are an inspector.
     
    wildwest likes this.
  3. Gary_602z

    Gary_602z

    Joined:
    Oct 4, 2013
    Messages:
    2,464
    Likes Received:
    12,340
    Location:
    Lake Odessa, Michigan
    Maybe have a self install guide sheets spelling everything out to the customer as far as inspection fees and penalties that may apply if they are caught with out a permit and the fact they may not be insured or be able to obtain insurance with out a permit. Any body that can't understand that or agree to it maybe you don't need for a customer?

    Gary
     
    Lousyweather and wildwest like this.
  4. will711

    will711

    Joined:
    Oct 4, 2013
    Messages:
    10,270
    Likes Received:
    50,828
    Location:
    Pocono Mts.
    What an idiot, he's trying to save a few bucks ,but risk his home and family and then wants you to put your OK on the install, so when something goes wrong he can point the finger at you :hair:

    Walk away don't sell him the stove.
     
  5. imacman

    imacman

    Joined:
    Oct 23, 2013
    Messages:
    6,581
    Likes Received:
    27,284
    Location:
    Denver, NC
    I'd simply tell him that you will NOT come inspect any incorrect or unsafe installations for legal reasons......period.
     
    Lousyweather and wildwest like this.
  6. wildwest

    wildwest Moderator

    Joined:
    Jul 21, 2014
    Messages:
    29,599
    Likes Received:
    137,476
    Location:
    Wyoming high plains
    If you need the sale, make him sign a "not advised, no liability" letter. Otherwise I would send him on his way and see if he can find a schmuck deal with the danger (liability).
     
    Lousyweather likes this.
  7. Lousyweather

    Lousyweather

    Joined:
    Dec 23, 2013
    Messages:
    2,798
    Likes Received:
    9,040
    Good ideas, Gary, but its not up to me to enforce building code and levy penalties....thats the job of the building department
     
    wildwest likes this.
  8. Lousyweather

    Lousyweather

    Joined:
    Dec 23, 2013
    Messages:
    2,798
    Likes Received:
    9,040
    well, anyone wants more sales, but the risk here s just simply too great in my opinion......who could inspect a so obviously WRONG and UNSAFE install and proclaim it "good"? I don't even have to see it to know it isn't.......
     
    Pallet Pete and wildwest like this.
  9. stuckinthemuck

    stuckinthemuck

    Joined:
    Oct 4, 2013
    Messages:
    3,194
    Likes Received:
    14,926
    Location:
    Wandering around in the NH woods.
    I'm confused.. Did he already install the stove or are you still in the process of negotiating a deal? If it's installed, then charge him your normal house call service charge to take a look at it.. When you look at it, tell him under no uncertain terms that he should NOT use the stove and hand him an estimate for your company to fix his installation. Get him to sign the stuff you give him and of course talk to your insurance company and attorney about what you plan to do.. Not sure you are obligated to advise code officials but the professionals should be able to let you know..
     
    wildwest and Lousyweather like this.
  10. Lousyweather

    Lousyweather

    Joined:
    Dec 23, 2013
    Messages:
    2,798
    Likes Received:
    9,040
    another good idea, but I am not an attorney, and in this illustrious state, I don't think you can simply beg out of liability.....nor am I hiring a lawyer to do that. Simply follow the install instructions and it should all be fine...

    http://hearthnhome.com/downloads/installManuals/P43_61A_68_I.pdf

    see page 16, right column, 3rd paragraph.....and its boldened....
     
    wildwest likes this.
  11. Lousyweather

    Lousyweather

    Joined:
    Dec 23, 2013
    Messages:
    2,798
    Likes Received:
    9,040
    no, he hasn't bought it yet....basically does not want to pay for an installation, and knows its unsafe as per the Owners' manual, NFPA211, and IRC. Wants someone to proclaim the unsafe install as "ok", free, of course. I mean, hey, pipe is expensive....why buy pipe when you can exhaust into a perfectly good flue..we know its good, cuz the furnace works in that same flue! :rofl: :lol:

    As you might know, insurance companies wont comment, as they have NO idea, except to say that it has to follow code and the UL listing, which this wont. As for talking to a lawyer, I wonder how many hours of consultation would eat up any profit we might gain? Im guessing not too many. My divorce attorney was $300/hr.

    I think the best way out of this is simply to refer him to my competition, who is actually closer to him than I am.:hair:
     
    wildwest, schoondog and slvrblkk like this.
  12. stuckinthemuck

    stuckinthemuck

    Joined:
    Oct 4, 2013
    Messages:
    3,194
    Likes Received:
    14,926
    Location:
    Wandering around in the NH woods.
    I agree with that!!:thumbs: No need to consult an attorney if you have not yet sold him the stove..
     
    wildwest likes this.
  13. wildwest

    wildwest Moderator

    Joined:
    Jul 21, 2014
    Messages:
    29,599
    Likes Received:
    137,476
    Location:
    Wyoming high plains
    Tell him to walk.
     
  14. badbob

    badbob

    Joined:
    Apr 23, 2014
    Messages:
    2,482
    Likes Received:
    9,946
    Location:
    bozeman pass,park county,MT 6500'
    Know a bit about the law,just my 2 cents worth,Do "NOT" reccomend him to do anything(competion or otherwise).This would set you up.If he insistes on buying a product from you,do not write anything on the paperwork,leave it as it is printed.This happened a lot in the auto industry where written on the reciept was"no warrenty" and judges found otherwise,do not do it!Sell him an item "out the door" same as walmart.
     
    wildwest likes this.
  15. wildwest

    wildwest Moderator

    Joined:
    Jul 21, 2014
    Messages:
    29,599
    Likes Received:
    137,476
    Location:
    Wyoming high plains
    "Sound Advice"
     
  16. Gary_602z

    Gary_602z

    Joined:
    Oct 4, 2013
    Messages:
    2,464
    Likes Received:
    12,340
    Location:
    Lake Odessa, Michigan
    No you would just be informing them what the consequence could be from the code enforcement and possible loss of insurance.
    As far as going out to inspect it, tell them you will for a fee only if a permit has been pulled.
    In your first post you said that you did not want to be within 10 miles of this deal. You are probably right! What if you sell the unit and this Jack Assparagus does his thing anyway and something happens? The first words out of his mouth in court is going to be "He told me it would be okay"
    Walk on this one! Prepare for the next!

    Gary
     
    wildwest likes this.
  17. 343amc

    343amc

    Joined:
    Oct 3, 2013
    Messages:
    1,749
    Likes Received:
    5,765
    Location:
    Northeast Lower Michigan
    I don't know what profit margins are on stoves, but it sounds like this sale isn't worth the few bucks that would go in your pocket.

    One way to decline the sale without saying no is to implement a price increase for that particular customer. Tell him it costs X if I install it properly, and Y if you install it yourself - X is less than Y.
     
  18. Lousyweather

    Lousyweather

    Joined:
    Dec 23, 2013
    Messages:
    2,798
    Likes Received:
    9,040
    yea, theres many sales like that, where it just isn't worth the anguish it seems to take! lol......In this case its anguish AND a safety issue
     
    wildwest likes this.
  19. 343amc

    343amc

    Joined:
    Oct 3, 2013
    Messages:
    1,749
    Likes Received:
    5,765
    Location:
    Northeast Lower Michigan
    I'm sure he would take all safety aspects into consideration, such as a spark bucket or trash can spark arrestor.
     
    wildwest likes this.
  20. imacman

    imacman

    Joined:
    Oct 23, 2013
    Messages:
    6,581
    Likes Received:
    27,284
    Location:
    Denver, NC
    Slickplant.....is that you????:picard:
     
    gbreda, wildwest and 343amc like this.