water heater installed in mobile home

[wysn]

What is the name of your state (only U.S. law)? Ohio
I live in a mobile home and on Sept. 30 of last year I had a new water heater (natural gas is what I had and replaced it with) installed. I had already gone about a week without one while shopping around. The company I settled with asked me on the phone for specs of the area the water heater had to fit in. They did not do a pre-inspection. When they came out with the tank they had a 30 gallon (same as the previous one) size. However, I noticed right away that the one they brought out was labeled NOT FOR USE IN A MANUFACTURED (MOBILE) HOME. I pointed that out and the technician said, "Oh it's fine we put them in all the time." Well, I paid $735 for this job and tank and they were there and we already had the other one out. I left him put it in.
I just had my home inspected for a weatherization program and they told me my hot water tank HAD to go. There was not any airflow underneath which is required because he put a board under it to steady it. Now, the weatherization program replaced my tank and I have my tank which is less a year old sitting on my porch that I paid over $700 for that I can't use. I called the company a couple of times and explained to them what was happened. Their only response has been is that I should have called them to make it right. Maybe I should have but there is NOTHING on my paper work from company A that says I have to call them to have it uninstalled. Just that a qualified installer must do the work. So, the professionals who installed my new one that IS made for a mobile home uninstalled the other one. What are my options if any? This frustrating.

 

[BL]

What is the name of your state (only U.S. law)? Ohio
I live in a mobile home and on Sept. 30 of last year I had a new water heater (natural gas is what I had and replaced it with) installed. I had already gone about a week without one while shopping around. The company I settled with asked me on the phone for specs of the area the water heater had to fit in. They did not do a pre-inspection. When they came out with the tank they had a 30 gallon (same as the previous one) size. However, I noticed right away that the one they brought out was labeled NOT FOR USE IN A MANUFACTURED (MOBILE) HOME. I pointed that out and the technician said, "Oh it's fine we put them in all the time." Well, I paid $735 for this job and tank and they were there and we already had the other one out. I left him put it in.
I just had my home inspected for a weatherization program and they told me my hot water tank HAD to go. There was not any airflow underneath which is required because he put a board under it to steady it. Now, the weatherization program replaced my tank and I have my tank which is less a year old sitting on my porch that I paid over $700 for that I can't use. I called the company a couple of times and explained to them what was happened. Their only response has been is that I should have called them to make it right. Maybe I should have but there is NOTHING on my paper work from company A that says I have to call them to have it uninstalled. Just that a qualified installer must do the work. So, the professionals who installed my new one that IS made for a mobile home uninstalled the other one. What are my options if any? This frustrating.

Contact the BBB and see if this Co. has similar complaints and if so how did the Co. respond .

Contact your local Office of Attorney general's to see what your options are on the Co. install a water heater clealy labled , not to be installed in manufactured homes , and file a complaint if necessary .

First though , I would check to see if the Co. has a license.

Contact the Co. again ,and tell them unless they come pick up the water heater they illegally installed ,and refund your money ,you will take necessary further legal action .

Follow up with a letter RRR Certified mail ( keeping a copy and the receipt it was picked up), and give them 10 business days to rectify their faults .

 

[wysn]

Waiting to hear...

The original I had install the hot water tank is a well known business and has done business for 40 years in this area and is licensed. Their rep with the price is why I chose them to begin with. I did file a complaint with the local BBB and they read my complaint and forwarded it to the business. Now I am just waiting to hear back. I checked the BBB's website and they had 3 complaints in the past 36 months of which two were billing/credit issues and one was a service or product was issue. The service or product issue was resolved but gave no details except that "customer did not return response to BBB" or something odd like that. Didn't make any sense. The other two were resolved satisfactorily.
I apologize for the delay in responding but I have had people in here working on my trailer and other things going on. Thanks for the help though and hopefully this will get it done. They have until the 19th to respond back to the BBB. I will give an update then or before if I get one.

 

[Zigner]

The BBB can do NOTHING for you. They are NOT a legal entity and have no enforcement or corrective powers at all, legally speaking.

 

[wysn]

Updates....

Well, indeed, the BBB got no response by the first allotted time frame. So, I put in a complaint to the Attorney General's office AND sent a certified letter to the company RRR giving them 10 business days to remedy the situation without further legal action. Again no response until today. Yesterday was the 12th business day (not including weekends) since they signed for my letter and I filed for a small claim suit.
They did finally get back to the BBB today with a funny response. They told them that I was only trying to get my money back because I got a new water heater free from the weatherization program in my state. They also stated the heater worked fine for a year and only had a problem when I got replaced.
Well, they only knew that from my call to them to begin with when I asked them to do something about getting their heater. Idiots. I responded back that the money has never been the issue and is not now the issue and the main issue is the fact when I found out how dangerous it was that IS when I had a problem with it. I told them I will see them in court. By the way, they said in their response that their is a big difference in price (yes, there is quite a difference) and "really no difference" otherwise.
I've printed their response and am printing a bank printout from Sept of last year and a current one to take to court to show the judge that the money has never been the issue. I'm not sure what the company is thinking they'll pull. I also have verification from the phone company of the date and time of my two calls to them on July 29 and 30. Is there anything else that I should take?
Since it is a mobile home and the WH is supposed to be drawing air from outside (it is now) which before it wasn't which I don't think I even mentioned that! They had the hole covered with a board for stabilization. It was drawing combustion air from the closet (which is tiny to begin with) posing the actual danger. This closet is in a utility room that is also very small and crowded with my washer and dryer and no room otherwise. I did take a couple pics of the closet area to take with me also.

 

[knowurlaws]

Oooh, that's a no no. Writing! Put it all in writing! Send them a certified letter ASAP and tell them to get their butts over there and remove the darn thing. Also, check your local fire laws. Usually fire departments are responsible for the inspection of gas and oil water heaters/boilers... you get it! Did they get a permit? Doesn't sound like they did. Good luck, give me an update

 

[wysn]

Writing

So far most everything is in writing. I did send a certified letter telling them they had 10 business days to remedy the situation. Their choices were one of two options. Come and get the water heater and refund my money and the matter would be settled or I would pursue further legal action. I do have the RRR from the certified letter and a copy of the letter. I know the company who installed the new water heater that is HUD certified for mobile homes did have a device they ran along the gas lines to check for leaks, I wonder if they are qualified/certified to do that instead of having the fire dept. come out. Maybe that's why they never asked about it. Hell, the first company never did that. That's an excellent point you made. They never even mentioned it. After hooking it up he "sniffed". I can do that much.
The permit thing has me stumped, I have read elsewhere about a lot of places needing permits to install gas water heaters. I think I'll have to check with someone on council or the zoning committee to find out. My court date though is set for Oct 14. I will keep you updated.

 

[wysn]

court

Not much today but the owner of the company didn't look none too happy. Of course he denied the claim, but we will go into mediation before "trial". Just waiting for court to call for mediation time and date now. Will keep updating as it happens.

 

[wysn]

mediation date

Wow, they are booked. I had to call the court twice to find out a date because I had not heard anything and to this day still have not received the paper in the mail. I did get a date on the phone though from the clerk for January 4, 2010. Guess we'll see then.

 

[jxofaltrds]

If you have a local building dept. a permit would have been required.
http://www.com.ohio.gov/dico/docs/bbst_ResBldgDeptMasterList.pdf

I'm guessing that you have no certified dept. in your area. This means no AHJ (Authority Having Jurisdiction). So no enforcement power.

Make a copy of this and take it to mediation with you.

The Direct Vent Gas Water Heater for Manufactured Housing
Rheem Residential Gas Water Heaters - Warrior Direct Vent Series

Also look up the one that they installed and take the installation paperwork with you.

 

[wysn]

Mediation

I looked on the list and my village McClure is not listed so I assume it is not required to have a permit here. I did try and find something and couldn't myself so I'm glad you posted that link for me anyways. Thanks. I do have all the paperwork and the book for the original water heater including the date and time I called AO Smith to confirm they (the company who installed it) voided the 6 year warranty as soon as they installed anyways. The RHEEM water heater is what it was replaced with. I am going to print this off also though. Thank you. I think I'm taking a book with me.

 

[wysn]

settled out of court

Well, not quite what I wanted but more than they wanted. We had our mediation session this morning and I really ticked the owner of the company off. However, the mediator pointed out some things. Since the weatherization program did replace the water heater free of charge to me and I got use of the other one for a year I really didn't lose money on it. I sort of did but sort of didn't. Although he also pointed out to the other person that labels are there for a reason and the rules are in place for a reason and the judge may see it that way. Or, even if I wasn't granted any monetary judgment, the court is a public forum and it wouldn't look good for his company to be chastised in front of the public for installing something that shouldn't have been done. So, he reluctantly he offered $150. I laughed at him and said half of the total that I paid ($365) and they come pick the dumb thing up off my porch. He went to $250 and again I told him no. I said if he gives me $300 we'll settle this and it'll be done. The mediator told me I'm just a little negotiator. Of course there was much more conversation but this is the jest of it. He did argue and say it was about money and stuff. I brought so much more out and showed him that was not it.
With the thought about me not really losing any money (although they did take a risk with the wrong type of water heater, which is what pi**ed me off to begin with) what are some of your opinions? Do you think I took the best option? The mediator said some is better than nothing when he offered me $150. That just wasn't enough for my emotional upset. Thank you all for your help.

 

[BL]

Well, not quite what I wanted but more than they wanted. We had our mediation session this morning and I really ticked the owner of the company off. However, the mediator pointed out some things. Since the weatherization program did replace the water heater free of charge to me and I got use of the other one for a year I really didn't lose money on it. I sort of did but sort of didn't. Although he also pointed out to the other person that labels are there for a reason and the rules are in place for a reason and the judge may see it that way. Or, even if I wasn't granted any monetary judgment, the court is a public forum and it wouldn't look good for his company to be chastised in front of the public for installing something that shouldn't have been done. So, he reluctantly he offered $150. I laughed at him and said half of the total that I paid ($365) and they come pick the dumb thing up off my porch. He went to $250 and again I told him no. I said if he gives me $300 we'll settle this and it'll be done. The mediator told me I'm just a little negotiator. Of course there was much more conversation but this is the jest of it. He did argue and say it was about money and stuff. I brought so much more out and showed him that was not it.
With the thought about me not really losing any money (although they did take a risk with the wrong type of water heater, which is what pi**ed me off to begin with) what are some of your opinions? Do you think I took the best option? The mediator said some is better than nothing when he offered me $150. That just wasn't enough for my emotional upset. Thank you all for your help.

Sometimes "the principle of the thing" just doesn't hold water or get you satisfaction in the end .

If you actually believe the statement ,

Since the weatherization program did replace the water heater free of charge to me and I got use of the other one for a year I really didn't lose money on it. I sort of did but sort of didn't

You should have accepted the $250.00 .

 

[wysn]

forgot some info

oops! Guess I forgot a major line of info in there. My last title was settle out of court..... I did get the $300 that I told them. That's why the mediator made the comment about me being a little negotiator. So I guess by your comment I made a good choice? He has 30 days to come and pick up this water heater and pay me.