LANTANA - A dispute over a slab leak under a new house has landed before the state plumbing board, and the outcome could have implications for other homes built in this special taxing district.
Phil and Kay Smith have an area rug over the steel plate on their master bathroom floor that covers a view to the earth below - a hole that's been there nearly as long the couple has lived in the house.
The couple moved into their brand-new home on Senna Drive in July 2009. Six months later, a pipe beneath the bathroom floor burst, flooding their home, washing out fill dirt under the foundation and sending water rushing down the driveway and into the street.
After dogging the builder, the plumber and even Lantana's general manager - who works on the side as one of several building inspectors for the Lantana taxing districts - Phil Smith filed a complaint alleging that, for want of about $50 in construction materials, his $300,000 home suffered catastrophic damage and is vulnerable to more.
"The list of things I have to disclose - no one would buy this house," Smith said.
Records with the Denton Central Appraisal District show the home's current taxable value at $145,000.
The complaint file includes an engineer's opinion, one of several documents obtained by the Denton Record-Chronicle in an open records request to the Texas State Board of Plumbing Examiners about the case.
The engineer was hired by Smith to ascertain whether the house was still susceptible to leaks and whether the foundation was sound.
The engineer's opinion, rendered in April, said the plumbing for the Smiths' home was installed in violation of building codes. The engineer also noted that because the house was built on 6 to 9 feet of "fill and possible fill materials," the foundation beams could move anywhere from 1.2 inches to 3 inches, making the plumbing vulnerable.
In responding to the complaint, David Lasiter, president of Lasiter & Lasiter Plumbing, wrote that the company has plumbed 6,560 homes, and only four have had slab leaks. All could be explained by the errors of others.
The engineer recommended that the plumbing lines be rerouted as a permanent fix, since the home remains vulnerable in its current state. That solution has not been offered by the plumber or the builder, Drees Custom Homes, according to Smith.
In a written statement, David Harbin, regional president for Drees Custom Homes, said the leak was fixed, but the couple has not allowed them to complete the repair, which includes filling in the hole.
Drees hires reputable subcontractors to build its homes, Harbin said, adding that Lasiter & Lasiter was well-known, professional and respected.
"We hire them to build to code and as far [as] we know, they did," Harbin wrote.
A state plumbing investigator is not expected to release a report on Smith's complaint for another month. It will take another 30 days after that for the plumbing board's enforcement committee to review and rule on the matter, according to Robert Maxwell, the agency's executive director.
Depending on the findings of the investigation and the board's regulatory authority, the report and ruling could go several directions, Maxwell said. If the investigator or the committee finds no violation of state regulations or applicable building codes, the matter ends, as far as the plumbing board is concerned. If a violation is found and can be proven by the evidence, the committee has some latitude through its enforcement powers to address the problem.
"Our interest is with the health and safety of the public," Maxwell said. "We really seek compliance."
The board has been known to forgo stricter penalties, such as the suspension or revoking of a license, in exchange for repairs or restitution, Maxwell said.
Lantana's two development districts were set up in November 2000 when three residents voted to authorize $51 million in bonds and $86 million in water, sewer and drainage improvements. In addition to county and school taxes, Lantana residents pay an additional $1 per $100 valuation to their freshwater supply district to pay back those bonds.
More than 7,800 people live in homes built in Lantana within the last 10 years.
PEGGY HEINKEL-WOLFE can be reached at 940-566-6881. Her e-mail address is pheinkel-wolfe@dentonrc.com.
