Differences of opinion over whether furnaces and water heaters were installed properly at the BayView condominium complex in Suttons Bay have contributed to the firing of the head of Leelanau County's Building Inspections Department, Robert VanDyke.

David Gill

County administrator David W. Gill said Tuesday that he fired VanDyke on Monday “for a long list of reasons,” not the least of which involved problems related to inspections of the BayView condos.

Thirty condo units in five waterfront buildings located off M-22 (St. Joseph Ave.) just north of M-204 (Race Street) in the Village of Suttons Bay represent Phase I of a massive project that could add some 500 new housing units in the Village of Suttons Bay. The project is being overseen by Livingston Building Company of Brighton.

Depending upon which of two engineering firms is to be believed — or whether VanDyke or county administrator David W. Gill is being quoted — furnaces and water heaters at BayView are perfectly safe or a potential danger.

Leelanau County's "official" opinion on the subject changed with VanDyke's firing, after which Gill issued a statement saying "our inspectors are satisfied that no code violations exist and a signed, stamped engineering report drafted by Bayshore Engineering of Traverse City certifies that 'no life safety issues remain.'"

Gill also reversed an order issued by VanDyke to "suspend" all occupancy permits for BayView in a letter approved on May 30.
VanDyke, for his part, remains convinced that he has acted in accordance with his responsibilities and authority.

"The unusual circumstances on Monday did not allow me to send an advisory letter with this information to all the current homeowners. That was my next move before this all came down — because there really is a potential health and safety issue at BayView," he said from his home.

In his letter suspending occupancy permits, VanDyke cited a May 22, 2007, report prepared by Rhoades Engineering of Traverse City which, at VanDyke’s request, evaluated furnace and water heater venting and equipment installations at the BayView condos.

Earlier, mechanical inspectors from VanDyke’s own department had inspected and approved the installations. In addition, engineering reports commissioned in April and May by BayView project manager Wayne Cockrum and a mechanical subcontractor, Suttons Bay Heating, indicated that there were no problems with the installations and that “no life safety concerns are warranted.”

However, the Rhoades report cited a manufacturer’s installation manual that warns of danger if equipment is not installed according to the manufacturer’s specifications. A warning of a “Carbon Monoxide Poisoning Hazard” said that “Failure to follow this warning could result in property damage; personal injury or death. All combustion-unit and vent pipes must be airtight and watertight. Pipes must also terminate exactly as shown (in a drawing contained in the manual).”

According to the Rhoades report, “It is clear from our field observations and review of the water heater and furnace manufacturer’s written installation manuals that their installation requirements have not been met in their entirety.”

The Rhoades report also suggested that warranties on furnaces and water heaters in all BayView condo units may be void.

However, two engineering reports produced by Bayshore Engineering of Traverse City, dated April 26 and May 31, are at odds with much of the May 22 Rhoades Engineering report. The Bayshore reports were produced at the request of BayView project manager Cockrum and the subcontractor responsible for installing the furnaces and water heaters, Fred Cook of Suttons Bay Heating.

The April 26 report addressed to Cook indicated that the vents his company installed “are located in the only space possible.” The engineer who inspected the installation concluded that there was “no problem” with how the appliances were vented.

A May 31 report prepared for Cockrum by the same engineer concluded that “no life safety concerns are warranted” and there “should not be a concern for any future appliance warranty.”

The Bayshore report noted that no carbon monoxide was present either in a mechanical room or the combustion air intake of the furnace, and that questions over whether carbon monoxide could enter the building “should not be a concern because the water heater and the furnace are sealed combustion appliances.”

Gill acknowledged this week that in suspending occupancy permits for all condo units at BayView, VanDyke had acted according to advice given by county attorneys.

“There (were) some possible liability issues related to life and safety concerns, and (VanDyke) was directed to suspend the occupancy permits,” Gill said, “But we hope to have this situation resolved before we actually need to notify residents that they should move out,” Gill added..)

Gill noted that VanDyke’s notice gave Suttons Bay Heating 15 days from receipt of the letter on May 31 to make all mechanical corrections or arrange for them to be made.

“That gives us a little time to think this through, especially considering that we have differing opinions from engineers on what, if anything, should be done,” Gill said. “It’s important to note, too, that people have been living in some of those units all winter with no problems; and this time of year, people aren’t using their furnaces.”

Gill said the county Inspections Department had been “a department in crisis for some time, with nothing getting better.”

The county administrator added that the decision to fire VanDyke was his own, and that he has temporarily taken over management of the department.