[PSUscaper]

A few lessons I learned on a recent pool job.

Lesson 1.

The town/municipality regulations over-ride all manufacturer's installation instructions.

Lesson 2.

The pool company's 'suggestions' overide the Landscape Contractors opinions.

Lesson 3.

The homeowner is always right.

Lesson 4.

If feels good to prove a point.......even if it costs you $500.


Explanation to the above:

Last week, I finally wrapped up a loose end on a job where a diving board was set in the concrete patio around a swimming pool.

The fun all started when my mason came to pour the decking around the pool, which also meant installing the metal jig for the diving board.

With the diving board, explicit instructions came with jig. Clearly stated, on a piece of paper, the manufacturer stated that the first bolt of the jig must be set no less than 'x' amount of inches from the pool edge. Being a huge liabilty issue, I was sure to have the mason follow the manufacturer's instructions.

Well, about 2 weeks after installation, the town inspector came and issued a failure notice for the diving board. It appears that the town has a ordinance stating that........from the end of the diving board to the bottom of the pool.....there must be a min. of 6 ft of water (this measurement is taken from the bottom of the pool to the water level, not the bottom of the pool to the tip of the board) I had 5'6"........so I failed!

I was quite disappointed, as I knew I installed the board to specs. and also I knew I was going to have to remove a entire section of concrete to reset the board to the proper 'town' specs.

Well, being the curious guy I am, I investigated this matter fully. My finding were this.

First of all, the POOL COMPANY sold the homeowner a 6 ft diving board. Many clients believe that a 8 ft board gives to much spring, and are afraid that kids will get too much air off of the board and launch themselves head first into the shallow end. This is a very good idea.......however.........

Upon my investigation, I realized one thing........You CAN'T install a 6 ft diving board following the maufacturer's specs on a pool installed by the pool company.....their pools just have too much of a angle on the sides which does not allow the TOWN's specs to be met.

This really put me in a bind.......I had the board installed to the manufacturer's specs, but failed the the town's spec's. The homeowner, called the pooled company, and the pool company said they install 6' foot boards 'hundreds of times' and never had a problem. Also, the pool company sold them the board, so the homeowner felt that they 'must' know what they are doing and that I messed up.

Therefore, I the contractor, was out gunned.

Well, I admitted that I did not install the board to the town specs and decided that the best thing at this point was to just re-set the board to meet the code and be done with this.....this cost me about $500 in time and materials.

We ended up, dis-regarding the manufacturer's instructions, and set the board closer to the pool to obtain the proper height from bottom.

At this point, I don't know if the board passed yet....but I'm sure it did as I know it cleared (I measured before I left). The thing is, I'm sure the inspector has NO CLUE that the board isn't installed to proper specs......just his specs......which really makes you wonder about things????

At the end of the re-set, the client asked me, just for the hek of it, how much this all cost me. I told him, and he was shocked. He didn't realize how much of a pain in the butt this little blunder really was.

My question to everyone is would you have re-set the board for free also???

I did what was right in my mind......maybe if what I knew now, I knew then, it would of never happened. But the bottom line was, the pool company sold them the board, the town's codes don't match the boards codes, and quite frankly, when ever I stated the right solution, the client never listened.

I know it was a no win situation, but at least I feel positive that I stated my case.......whether people listen or not......well, I guess that's another story. But whether the diving board falls on some poor kids head or not.......not my problem.....I had the client sign a waiver stating that he made full decision on the board and that I was in no way responsible for any liability associated with it.

steve

[Stonehenge]

I think it stinks that you were caught in that situation, and hindsight is always 20/20 when it comes to thinking about how things could have been done to get a different outcome.

That being said, I probably would have done as you, and just sucked up the extra cost. I'm surprised that the town would override the mfg specs, as that surely open up liability for them. Anyone gets hurt on a 6' board in that town, and the town can be guaranteed to be named in a suit.

[agla]

You now have a situation where the diving board company is not liable because you did not set it to their specs regardless of the town's specs. You are now liable because itis "improperly" installed.

While it is honorable that you fixed this at your expense, it was the wrong move. It appears to me that the truth is that the pool contractor spec'd the wrong board to meet the requirements of the town when it is properly installed. They should have supplied one to meet the requirement. Failing that, they should have (and should still) re'spec'd the right one.

Sometimes a homeowner will understand and pay the difference in prices for the board itself. You as the installer should expect full compensation to install the right one, but not for the second installation of the first board.

I would push this point with the homeowner. You need to protect yourself. If nothing else, get someone to document that the re-installation of that board was approved by someone other than you, knowing that it was not to factory spec's.

At this point it may be wiser to push that they get the right one even if you install it for free, just to separate yourself from that liability.

[Paul]

You've opened your self up for a huge liability case. the manufacture has it's reasons for installing the board the right way (set backs,, ect) The town or village has it's own, I would have installed the board to the manufacturer's specs then have gone to the manufacturer of the diving board to supply the owner with one that would meet the towns rules, even if it would have to be a 8' board. You've now insulated eveyone but yourself for law suits. We do installation of playgrounds we always install to manufactures specs even if we run into a code issue with the village (the playground manufacture has much deep pockets than I have) If it fails the village code we have the manufacture fight them not us ,because they have the testing to go with their product.

[Nek]

I agree that all liability now rests on your shoulders. God forbid an accident should happen, all fingers will point to you. The homeowner will say you installed it, the manu. will say you changed the specs, and the town will say you installed the wrong board. My parents had a board but took it down for liability reasons. Insurance cos. do not look too favorable on a diving board.

[agla]

We do not see many diving boards put in anymore.

Chances are that you won't have a problem. I don't think you have to worry too much. It is just a good idea to cover your tail when you can and for all of us to remember to be aware of these things. We all have things like this that don't ever bite us. The more we talk to each other about stuff like this, on a forum like this, the better we can all stay ahead of the game.

This is important stuff to bring up regardless of the chances of it being a problem. Good post, Steve. That is one of the reasons why you are the poster of the month.

[PSUscaper]

I think this is really why we all need to really, really push for more regualtions in our industry.

No matter what, it seems that clients and many contractors alike just do no see the overall importance of such 'little' things.

As always, this is a case where we, as landscape contractors, just don't have the knockout punch to push for what is right.

I mean, if I were a electrician and told a client that the way the wiring is installed will cause serious injury, the client would listen.

However, it just seems like no one takes us serious on matters that ARE SERIOUS.

Its like a big joke talking to anyone on the subject. Take the pool company for instance........They actually suggested that I just put a 8 ft board on the jig too pass the code, and after inspection, put the 6 ft board on. They were willing to supply the board for free..........well gee......thanks guys.....and why I'm at it, I'll just glue the board to the concrete instead of using the bolts and 'hope' it stays..........that sounds right, huh????

It is sickening. Referring to other posts stone made on the DIY'er shows on TV.........and what paul mentioned in recent posts..........there's just no respect for what so called 'landscrapers' do.

steve