re: Building and Code Enforcement Dept. Nantucket, Massachusetts Plumbing Inspection Report/Condemnation-Removal Order 3 Red Barn Road, Nantucket Ma. June 9, 2011 Meyer v. Nantucket Building Department et al. Suffolk Superior Court, SUCV2008-05664 Appeals Court 2009-P-1613 Anthony A. Esposito, Civil Engineer 31 Hopkins Road Plymouth, MA 02360 .sp Dear Mr. Esposito: .PP Thank you for providing me with consultation concerning the above-captioned Plumbing Inspection Report/Condemnation-Removal Order, hereinafter "the Report". .PP For the purpose of documenting your expert opinion regarding the Inspection Report, I have collected in this letter a set of questions to you. Please answer each question by entering in the space provided, the word "yes" or "no", preferably in your own handwriting. Comments are optional. .PP 1. Are you a registered as a Professional Civil Engineer in the State of Massachusetts? .br Yes or No ___________; Comments: .PP 2. Did you conduct a site visit at 3 Red Barn Road, Nantucket MA, on Thursday August 25, 2011? .br Yes or No ___________; Comments: .PP 3. Did you view the plumbing installation at 3 Red Barn Road on August 25, 2011? .br Yes or No ___________; Comments: .PP 4. With respect to the Code Provisions 248 CMR 10.05(4)b(1,2) cited on page 1 of the Inspection Report, does the alleged "backwards" installation of "the wye fitting of the main sewer line" cited on page 2 of the Report, obstruct or retard the flow of water, wastes, sewage or air in such manner that there is an obstruction resulting in flow resistance greater than the normal frictional resistance to flow? .br Yes or No ___________; Comments: .PP 5. With respect to the Code Provisions 248 CMR 10.05(4)b(1,2) cited on page 1 of the Report, does the alleged "backwards" installation of "the wye fitting of the main sewer line" constitute an enlargement of a three-inch closet bend or stub to four inches? .br Yes or No ___________; Comments: .PP 6. With respect to the allegation, on Page 2 of the Report, that "The tees used in venting the first floor fixtures are also backwards," is there any consequence of alleged "backwards" installation of such tees other than the position of the sweep? .br Yes or No ___________; Comments: .PP 7. With respect to the allegation, on Page 2 of the Report, that "The tees used in venting the first floor fixtures are also backwards," is there any flow of liquid in a tee used for dry venting except in the base of the tee? .br Yes or No ___________; Comments: .PP 8. With respect to the allegation, on Page 2 of the Report, that "The tees used in venting the first floor fixtures are also backwards," is the resistance to flow of a liquid in the base of a tee used for dry venting affected by the position of the sweep in the upper, vertical limb of the tee? .br Yes or No ___________; Comments: .PP 9. With respect to the allegation, on Page 2 of the Report, that "The tees used in venting the first floor fixtures are also backwards," is there any movement of fluid in the upper, vertical limb of a tee used for dry venting except for gases moving up or down the vertical limb of the tee out of or into the sewer? .br Yes or No ___________; Comments: .PP 10. With respect to the allegation, on Page 2 of the Report, that "The tees used in venting the first floor fixtures are also backwards," does the position, forwards or backwards, of the sweep in the vertical limb of the tee have any substantial effect on the movement of gases through the tee. .br Yes or No ___________; Comments: .PP If the answer to Question 10. is "no", please skip Questions 10a, 10b and 10c, and proceed to Question 11. If the answer to Question 10 is "yes", please answer Questions 10a, 10b, and 10c. .PP 10a. With respect to the allegation, on Page 2 of the Report, that "The tees used in venting the first floor fixtures are also backwards," is it possible that at different times temperature differentials in different parts of the plumbing system will cause gases to flow in any of the following four directions: up the vent, down the vent, up the sewer, or down the sewer? .br Yes or No ___________; Comments: .PP 10b. With respect to the allegation, on Page 2 of the Report, that "The tees used in venting the first floor fixtures are also backwards," is it possible to anticipate in which of the four direction, up the vent, down the vent, up the sewer, or down the sewer temperature differentials in different parts of the plumbing system will cause gases to flow at any given time? .br Yes or No ___________; Comments: .PP 10c. With respect to the allegation, on Page 2 of the Report, that "The tees used in venting the first floor fixtures are also backwards," if it is not possible to anticipate in which of the four directions, up the vent, down the vent, up the sewer, or down the sewer, temperature differentials in different parts of the plumbing system will cause gases to flow at any given time, and if the hypothetical "correct" position of the sweep depends on the direction of the flow of gases in the sewer-vent assembly, then is it ever possible to determine the hypothetical "correct" position of the sweep? .br Yes or No ___________; Comments: .PP 11. With respect to the allegation, on Page 2 of the Report, that "The tees used in venting the first floor fixtures are also backwards," if the answer to question 10 is "no", or if the answer to question 10c is "no", then is the statement "The tees used in venting the first floor fixtures are also backwards." correct? .br Yes or No ___________; Comments: .PP 12. With respect to the allegation, on Page 2 of the Report, that "Many of the fittings in the basement plumbing are not installed correctly." does any other portion of the Report specify which fittings in the basement plumbing are not installed correctly? .br Yes or No ___________; Comments: .PP 12a. With respect to the allegation, on Page 2 of the Report, that "Many of the fittings in the basement plumbing are not installed correctly." does any other portion of the Report specify the nature of the incorrect installation of those fittings in the basement plumbing which are not installed correctly? .br Yes or No ___________; Comments: .PP 12b. If the answer to either question 12 or question 12a is "no", then does the allegation, on Page 2 of the Report that "Many of the fittings in the basement plumbing are not installed correctly." comply with the Appeals Court directive that "A report of any deficiencies must have the substantiation of specific and detailed findings and reasoning."? .br Yes or No ___________; Comments: .PP 13. With respect to the allegation, on Page 2 of the Report, that "The kitchen sink does not tie into the main sewer line correctly." does any other portion of the Report specify the nature of the allegedly incorrect manner in which the kitchen sink ties into the main sewer line?" .br Yes or No ___________; Comments: .PP 13a. If the answer to question 13 is "no", then does the allegation, on Page 2 of the Report that "The kitchen sink does not tie into the main sewer line correctly." comply with the Appeals Court directive that "A report of any deficiencies must have the substantiation of specific and detailed findings and reasoning."? .br Yes or No ___________; Comments: .PP 14. With respect to the allegation on Page 2 of the Report, "The main sewer line also picks up too many connections with far too many extra fittings," does the main sewer line end at the foundation wall and does the main sewer line begin at the confluence of its two main tributaries, a) the four inch discharge from the four toilets and b) the three inch discharge from the two tubs and the five sinks? .br Yes or No ___________; Comments: .PP 14a. With respect to the allegation on Page 2 of the Report, "The main sewer line also picks up too many connections with far too many extra fittings," does the main sewer line "pick up" any connections other than three cleanouts and one main ventstack? .br Yes or No ___________; Comments: .PP 14b. With respect to the allegation on Page 2 of the Report, "The main sewer line also picks up too many connections with far too many extra fittings," is the one main vent-stack "picked up" by the main sewer line a fitting required by the plumbing code? .br Yes or No ___________; Comments: .PP 14c. With respect to the allegation on Page 2 of the Report, "The main sewer line also picks up too many connections with far too many extra fittings," does the Plumbing Code limit the number of clean-outs in the main sewer line to two clean-outs? .br Yes or No ___________; Comments: .PP 14d. In light of the answers to questions 14, 14a, 14b, and 14c, is the allegation on Page 2 of the Report, "The main sewer line also picks up too many connections with far too many extra fittings" a valid criticism? .br Yes or No ___________; Comments: .PP 15. With respect to the allegation on Page 2 of the Report, "There is also far too much unnecessary piping to the main sewer line ..." is the allegedly "unnecessary piping" enumerated in any other section of the report? .br Yes or No ___________; Comments: .PP 15a. With respect to the allegation on Page 2 of the Report, "There is also far too much unnecessary piping to the main sewer line ..." is there in any section of the report an explanation of why that piping is allegedly "unnecessary"? .br Yes or No ___________; Comments: .PP 15b. If the answer to either question No. 15 or 15a is "no", then does the allegation on Page 2 of the Report, "There is also far too much unnecessary piping to the main sewer line ..." comply with the Appeals Court directive that "A report of any deficiencies must have the substantiation of specific and detailed findings and reasoning."? .br Yes or No ___________; Comments: .PP 16. With respect to the allegation on Page 2 of the Report, "the main sewer line ... meanders in a convoluted and entirely flawed manner," relying on the definition of "main sewer line" specified in question 14, does the main sewer line consist in anything other than two sections of straight four inch pipe joined at an angle of 90 degrees? .br Yes or No ___________; Comments: .PP 16a. With respect to the allegation on Page 2 of the Report, "the main sewer line ... meanders in a convoluted and entirely flawed manner," if the answer to Question 16 is "no", and the main sewer line consists in two sections of straight four inch pipe joined at an angle of 90 degrees, can it be truthfully said of such a main sewer line that it "meanders in a convoluted and entirely flawed manner?" .br Yes or No ___________; Comments: .PP 16b. With respect to the allegation on Page 2 of the Report, "the main sewer line ... meanders in a convoluted and entirely flawed manner. This is a fundamental flaw in good workmanship which requires as few redirections of the pipings installed as possible." If the answer to question 16a is "no", does the configuration of the main sewer line manifest a "fundamental flaw in good workmanship?" .br Yes or No ___________; Comments: .PP 17. With respect to the allegation on Page 2 of the Report, "Further, the 3-inch double wye which is being used to pick up the two first floor toilets does not work out for venting in violation of subsection 4.b.1., and section 4.b.1. which states: .br 4. Fittings and Connections prohibited. .br b. Obstruction to flow .br 1. No fitting, device or method of installation that obstructs or retards the flow of water, wastes sewage, or air in drainage or venting systems where the obstruction results in flow resistance that is greater than normal frictional resistance to flow shall be used unless otherwise specifically indicated elsewhere in 248 CMR 10.00 .br .sp is there in any section of the Report detailed reasoning as required by Footnote 13 of the Appeals Court decision why or in what respect the use of a three inch double wye as described violates subsection 4.b.1. .br Yes or No ___________; Comments: .PP 17a. With respect to the allegation on Page 2 of the Report, "Further, the 3-inch double wye which is being used to pick up the two first floor toilets does not work out for venting in violation of subsection 4.b.1., and section 4.b.1. which states: .br 4. Fittings and Connections prohibited. .br b. Obstruction to flow .br 1. No fitting, device or method of installation that obstructs or retards the flow of water, wastes sewage, or air in drainage or venting systems where the obstruction results in flow resistance that is greater than normal frictional resistance to flow shall be used unless otherwise specifically indicated elsewhere in 248 CMR 10.00 .br Is it your professional opinion as a registered civil engineer that the use of a three inch double wye for draining the first floor toilets violates 248 CMR 10.05(4)(b)(1)? .br Yes or No ___________; Comments: .PP 18. With respect to the allegation on Page 2 of the Report, "Further, the 3-inch double wye which is being used to pick up the two first floor toilets does not work out for venting in violation of ... 248 CMR 10.16(12)(c)1, and 2, which require as follows: .br 10.16: Vents and Venting .br (12) Fixture Vents. .br (c) Floor-mounted Fixture Outlet. .br 1. When installing the piping for a floor outlet type toilet or similar fixture, the vertical piping distance shall not exceed 20 inches from the finish floor of the fixture served to the center line of the horizontal drain serving such fixture. .br 2. If the vertical distance exceeds 20 inches the fixture shall be individually vented. .br .sp Is it correct to calculate the distance from the finish floor on which the first floor toilet rests to the centerline of the horizontal drain serving the toilet as follows: The toilet sits on a .5 inch thick finish floor atop a .75 inch subfloor, atop a 9.25 inch floor joist. The lower edge of this floor joist abuts the .25 inch thick flange of the three inch horizontal drain whose wall thickness is .25 inch and whose radius is 1.5 inches so that the center line of that horizontal drain is therefore located .br 1.5 + .25 +.25 +9.25 +.75 +.5 = 12.5 inches .br under the finish floor on which the toilet rests, well below the 20 inch minimum required by the Plumbing Code. .br Yes or No ___________; Comments: .PP 19. With respect to the allegation on Page 2 of the Report: "Additionally there is a 3-inch vent which proceeds from the basement through the roof with no fixtures which serves no purpose." is it correct to say: .PP 19a. that this 3 inch vent is the main stack vent required by the Plumbing Code. .br Yes or No ___________; Comments: .PP 19b. that this 3 inch vent serves among other purposes to receive and to conduct to the roof the venting of two shower stalls, two bathtubs, four bath room sinks, one kitchen sink, and one subsurface tank. .br Yes or No ___________; Comments: .PP 19c. that this 3 inch vent is not only not superfluous but is required by the Plumbing Code. .br Yes or No ___________; Comments: .PP 20. With respect to the allegation on Page 3 of the Report: "The main sewer line is not pitched correctly." is it true that: .br 20a. You have measured the pitch of the main sewer line? .br Yes or No ___________; Comments: .br 20b. You have found the pitch of the 4 inch main sewer line to be greater than 1/8 inch per foot? .br Yes or No ___________; Comments: .br 20c. You have found the pitch of the main sewer line to be substantially correct? .br Yes or No ___________; Comments: .PP 21. With respect to the allegation on Page 3 of the Report: "Most of the fittings going into the main sewer are not pitched correctly." .br 21a. Have you examined the fittings directly attached to the main sewer? .br Yes or No ___________; Comments: .br 21b. Have you found the fittings directly attached to the main sewer to be pitched correctly? .br Yes or No ___________; Comments: .br 21c. Have you examined the entire plumbing system? .br Yes or No ___________; Comments: .br 21d. Have you found in the entire plumbing system any imperfections of pitch which would significantly impair the functioning of the system? .br Yes or No ___________; Comments: .br 21e. Does the allegation "Most of the fittings going into the main sewer are not pitched correctly." failing as it does to specify the allegedly incorrect fittings and failing also to specify the nature of their incorrectness comply with the Appeals Court directive that "A report of any deficiencies must have the substantiation of specific and detailed findings and reasoning."? .br Yes or No ___________; Comments: .PP 22. Does the allegation on Page 3, "The main stack tee going into the main sewer is not up to code," failing as it does to specify the provisions of the code allegedly violated, comply with the Appeals Court directive that "A report of any deficiencies must have the substantiation of specific and detailed findings and reasoning."? .br Yes or No ___________; Comments: .PP 22a. Does the allegation on Page 3 of the Report "The main stack tee is also installed backwards." duplicate the allegations rebutted with Questions 6 through 11 of tees being "installed backwards"? .br Yes or No ___________; Comments: .PP 23. Does the allegation on Page 3 of the Report "The sump drain is not tied into the main sewer line correctly", failing as it does to specify the alleged incorrectness, comply with the Appeals Court directive that "A report of any deficiencies must have the substantiation of specific and detailed findings and reasoning."? .br Yes or No ___________; Comments: .PP 24. With respect to the allegation on Page 3 of the Report: "The sump drain is not tied into the main sewer line correctly", did your examination show that the sump drain was in fact "tied into the main sewer line" correctly? .br Yes or No ___________; Comments: .PP 25. With respect to the allegation on Page 3 of the Report: "Additionally, the sump does not have a check valve." did your examination show that this allegation is false because the sump does in fact have a check valve? .br Yes or No ___________; Comments: .PP 26. With respect to the allegation on Page 3 of the Report, "The workmanship is inferior through the plumbing construction," and in consideration of the 248 CMR 10.03 definition of workmanship as "Work of such character that will fully secure the desired or needed results," is it a true statement that "The workmanship is inferior through the plumbing construction." .br Yes or No ___________; Comments: .PP 27. With respect to the allegation on Page 3 of the Report, "The workmanship is inferior through the plumbing construction," and in consideration of the 248 CMR 10.03 definition of workmanship as "Work of such character that will fully secure the desired or needed results," did you when you viewed my installation on August 25, 2011, identify any plumbing which was of such character that it would not fully secure the desired or needed results? .br Yes or No ___________; Comments: .PP 28. With respect to the allegation on Page 3 of the Report, "The workmanship is ... in total disregard of generally accepted good practice", is there in the Report or in the Plumbing Code a definition of "generally accepted good practice"? .br Yes or No ___________; Comments: .PP 29. With respect to the allegation on Page 3 of the Report, "The workmanship is ... in total disregard of generally accepted good practice", if the answer to Question 28 is "no", is there any feasible procedure for ascertaining what "generally accepted good practice" might mean other than the arbitrary, subjective unpredictable assertion of the Plumbing Inspector? .br Yes or No ___________; Comments: .PP 30. With respect to the allegation on Page 3 of the Report, "The workmanship is ... in total disregard of generally accepted good practice", if the answer to Question 29 is "no", does the allegation that "The workmanship is ... in total disregard of generally accepted good practice", comply with the Appeals Court directive that "A report of any deficiencies must have the substantiation of specific and detailed findings and reasoning."? .br Yes or No ___________; Comments: .PP 31. With respect to the allegation on Page 3 of the Report, "The piping installations are not aligned in a straight, level or plumb manner," is it true that ALL piping installations are not installed in a straight, level or plumb manner? .br Yes or No ___________; Comments: .PP 32. With respect to the allegation on Page 3 of the Report, "The piping installations are not aligned in a straight, level or plumb manner," if only SOME piping installations are not installed in a straight, level or plumb manner, then is the failure of the report to specify which piping installations are incorrectly installed a violation of the Appeals Court directive that "A report of any deficiencies must have the substantiation of specific and detailed findings and reasoning."? .br Yes or No ___________; Comments: .PP 33. With respect to the allegation on Page 3 of the Report, "The piping installations are not aligned in a straight, level or plumb manner," is it true that, subject to the Plumbing Code contradiction which requires pipes at once both to be pitched, i.e. non-level and level, only a very small number of fittings are not installed in a straight, level or plumb manner. .br Yes or No ___________; Comments: .PP 34. With respect to the allegation on Page 3 of the Report, "The piping installations are not aligned in a straight, level or plumb manner," is the function of the plumbing system significantly impaired by the presence of those few piping installations which are not aligned in a straight level or plumb manner. .br Yes or No ___________; Comments: .PP 35. With respect to the statement: You have galvanized fittings being used to tie the main water into the system in direct violation of this section (248 CMR 10.06(m)4), are the galvanized fittings in issue on the "house side" of the main control valves? .br Yes or No ___________; Comments: .PP 36. With respect to the statement on Page 4 of the Report: You have galvanized fittings being used to tie the main water into the system in direct violation of this section (248 CMR 10.06(m)4), and in consideration of the statement 248 CMR 10.03 defining the plumbing under the jurisdiction of the plumbing inspector: .br .in +4 On public or private water supply systems, any pipe beginning on the house side of the metering device or, if none, the main control valve immediately inside the foundation wall to the point of actual connection to heating/cooling equipment, appliance, fixture, etc. shall be installed by a licensed plumber only. .br .in -4 if the answer to Question 35 is "no", are the galvanized fittings in issue required to be installed by a licensed plumber only? .br Yes or No ___________; Comments: .PP 37. With respect to the statement on Page 4 of the Report: You have galvanized fittings being used to tie the main water into the system in direct violation of this section (248 CMR 10.06(m)4), if the answer to Question 36 is "no", and the galvanized fittings in issue do NOT require to be installed by a licensed plumber, is it correct for the Inspector to claim these galvanized fittings to be under his jurisdiction, and to cite the circumstance that they are a new rather than a replacement installation among the deficiencies warranting the destruction of the system? .br Yes or No ___________; Comments: .PP 38. Does the statement on Page 5 of the Report: "The piping for the water distribution system is undersized", failing as it does to specify which piping is undersized, and failing to describe the alleged deficiency in detail, comply with the Appeals Court directive that "A report of any deficiencies must have the substantiation of specific and detailed findings and reasoning."? .br Yes or No ___________; Comments: .PP 39. Where the water lines allegedly "installed backwards" are not identified, and where the concept of a water line "installed backwards" is on the part of the Inspector an undefined solecism, does the allegation on Page 5 of the Report: "Additionally, some of the water lines are installed backwards." comply with the Appeals Court directive that "A report of any deficiencies must have the substantiation of specific and detailed findings and reasoning."? .br Yes or No ___________; Comments: .PP 40. With respect to the statement on Page 6 of the Report, "There was no testing which would effectively disclose leaks or defects in the water or sewer system." Where 248 CMR 10.04 specifies .br (a) Inspection of Rough Plumbing. .br 1. The piping of the plumbing, drainage, and venting systems shall be tested as part of the Inspection. .br and where the Inspector conducting and controlling the Inspection fails to demand or permit that such testing be performed as part of the Inspection, is it consistent with the Appeals Court's imperative for an Inspection of fairness and integrity, that the Inspector cites the circumstance that the testing at the time of the Inspection which he neglected to order and which he refused to permit, was not done, as evidence to support his demand that the system be destroyed? .br Yes or No ___________; Comments: .PP 41. Is the allegation on Page 6 of the Report, "The plumbing system at 3 Red Barn Road is not constructed in a manner which will adequately or safely protect against fouling, deposits of solids, or stoppages." a true statement? .br Yes or No ___________; Comments: .PP 42. Is the allegation on Page 6 of the Report, "The plumbing system at 3 Red Barn Road is not constructed in a manner which will adequately or safely protect against fouling, deposits of solids, or stoppages." supported by truthful evidence in this Report? .br Yes or No ___________; Comments: .PP 43. Is the allegation on Page 6 of the Report, "The plumbing system at 3 Red Barn Road is not constructed in a manner which will adequately or safely protect against fouling, deposits of solids, or stoppages." supported by reports of deficiencies consistent with Footnote 13 of the Appeals Court order, which states: .br .in +4 FN13. The inspection of Meyer's work must be one of integrity and fairness. A report of any deficiencies must have the substantiation of specific and detailed findings and reasoning. Any decision resting upon the inspection will remain subject to review by the Superior Court and appellate courts under the standards of the Administrative Procedure Act, G.L. c. 30A, ยง 14(7)()-(g). .in -4 .br Yes or No ___________; Comments: .PP 44. On Page 6 of the Report, the Inspector wrote, "In light of the defective and inadequate materials I observed upon inspection..." Did you, a certified Civil Engineer, when you viewed the 3 Red Barn Road Plumbing installation, aside from the contested galvanized steel fiitings, observe "defective and inadequate materials"? .br Yes or No ___________; Comments: .PP 45. On Page 6 of the Report, the Inspector wrote, "In light of the defective and inadequate materials I observed upon inspection along with the unskilled and inferior workmanship I found throughout your plumbing installation, I hereby condemn the entire system ..." Did you, a certified Civil Engineer, when you viewed the 3 Red Barn Road Plumbing installation, aside from the contested galvanized steel fittings, observe defective and inadequate materials as well as unskilled and inferior workmanship of such nature and to such an extent that they a) warranted condemnation of the entire system? .br Yes or No ___________; Comments: .br and b) could not be repaired by a licensed plumber? .br Yes or No ___________; Comments: .PP 46. In your professional opinion do those allegations of the Report, if any, a) which are factually truthful, b) which rely on the correct interpretation of the Plumbing Code, and c) which are consistent with the requirement of the Appeals Court Footnote 13, cited above, justify the Inspector's order that my plumbing installation be destroyed? .br Yes or No ___________; Comments: .PP If you require space for further comments, please attach additional sheet(s) to this letter. .PP When you have completed answering the questions, please sign this letter, date it, emboss it with your seal, and return one copy to me in the enclosed stamped envelope. .PP Thank you for your help. .nf Ernst J. Meyer Anthony A. Esposito 174 School Street Civil Engineer, Belmont MA 02478 Certificate No. 39782 617-484-8109 31 Hopkins Road ernstmeyer@earthlink.net Plymouth MA 02360 508-369-4783 ltespo@verizon.net