Charleston Business Journal > January 8, 2007 > News
Lawsuit: Lightning can cause fire in new gas pipe

By Shelia Watson
Contributing Writer

It was a classic example of getting out of the frying pan and into the fire. In this case, an alternative product used in gas installation, which was meant to solve construction problems, allegedly causes the fire.

The product, corrugated stainless steel tubing, was considered a promising alternative to threaded black-iron gas piping for residential, commercial and industrial applications. Because the CSST was lighter and used fewer connections and fittings, it was easier to install than traditional threaded pipe. It was also more flexible than traditional gas piping because it could be bent and routed around obstacles. Overall, the benefits added up to substantial labor and cost savings for installers and builders.

But the CSST’s light weight and flexibility caused a problem the manufacturer didn’t foresee. According to court documents from a class action lawsuit, “CSST poses an unreasonable risk of fire due to lightning strikes. Plaintiffs allege that the CSST tubing is not thick enough to prevent damage to the CSST in the event of a lightning strike.” The lawsuit also claims that the manufacturer “failed to warn consumers about these alleged dangers.”

Consumers weren’t the only ones in the dark. Neither plumbing/gas installers nor inspection officials nor fire departments were warned of the risks.

Jay Michel, vice president at Blitch Plumbing, serves as a volunteer firefighter with the Mount Pleasant Fire Department. While assisting recently at two fires, he noticed similarities in the cause of the blazes.

“One house was off of Mathis Ferry Road and the other was in Park West,” he said. “In both cases, lightning had hit the houses and put pinholes in the gas pipe. I thought that was too much of a coincidence.”

Because his day job involves working with pipes, the holes in the gas tubing piqued his interest. Although Blitch Plumbing had not done the work on those homes, the company had installed CSST on other jobs.

“I started checking into it to see if there was something about the pipe that was bad,” Michel said. “No one at the manufacturers would talk to me. They wouldn’t even return my phone calls.”

Michel later found out that the lawsuit had already begun and the manufactures were mum on the advice of their attorneys.

“Finally some folks at the Mount Pleasant Fire Department sent over some documents from arson investigations in other places,” Michel said. “That’s how we found out this was a problem nationwide.”

CSST consists of flexible stainless steel pipe that has PVC covering its exterior. It is used to run gas in residential, commercial and industrial structures. The pipe is routed inside interior wall cavities, beneath and through floor joists and on top of ceiling joists in attic space, running from a gas source to an appliance.

“We had a couple of incidents in Mount Pleasant that we’ve been able to relate to that pipe,” said Alton Tyler, a captain with the Mount Pleasant Fire Department and a fire marshal with the town. “At first it wasn’t too unusual because Mount Pleasant seems like the lightning capital of the world. There are a lot of strikes over here.

“But with the same pipe on both houses, that was unusual. Then we did some research and found the litigation.”

In addition to the thinness of the CSST, the material requires special grounding.

“It’s just like electricity; it takes the path of least resistance,” said Tyler. “And it doesn’t have to be a direct hit. So having lightning hit even close to the house is going to cause problems.”

When gas pipes are installed, they are grounded according to code. However, Michel said, CSST comes with no instructions or warnings that additional or special grounding is needed.

Hence the lawsuit.

The defendants, who deny the allegations, said CSST is safe if properly installed in accordance with local codes and the manufacturer’s instructions.

A fairness hearing is scheduled for Feb. 1, 2007, in Arkadelphia, Ark., to determine whether the proposed settlement is fair, reasonable and adequate. Settlement class members who want to make a claim must submit a claim form by Sept. 5, 2007.

Those who do not want to receive the benefits of the settlement but want to keep the right to sue the settling defendants concerning the claims in the case must take steps to remove themselves from the class action with an exclusion, or opting-out, of the settlement class.

In the meantime, plumbers and inspection officials are working to retrofit the special grounding into previous installations as well as to ensure the proper grounding for new installations becomes part of the code.

“When it’s installed and grounded properly, it’s a good product,” said Michel. “It’s just a shame that the manufacturers kept their mouth shut during the lawsuit. Some of those fires probably could have been prevented.”


E-Mail This Article
Printer-Friendly Version

"We had a couple of incidents in Mount Pleasant that we’ve been able to relate to that pipe. At first it wasn’t too unusual because Mount Pleasant seems like the lightning capital of the world."

Alton Tyler,
Captain,
Mount Pleasant Fire Department


















SUBSCRIBE | REPRINTS | CONTACT US


Phone: 843-849-3100    Fax: 843-849-3122

Powered by iProduction