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stating that although the          water heater; Goodman             words, the units did not have
              carbon monoxide was venting        Manufacturing, the                furnaces; instead hot water
              through the top of the water       company that designed and         was transferred from the
              heater, the potential existed      manufactured an air handler       water heater in each unit to a
              that it could enter the unit.      used in the apartment heating     Hydronic Air handler through
              Plaintiffs also alleged that       system, the mechanical            PVC tubing. The air handler
              the property management            subcontractor who installed       acted as the heat exchanger
              company “promised” to              the water heater hood, air        and warm air was then blown
              replace defective water            handler and venting; and          through duct work to heat
              heaters. However, months after     the plumbing company that         the apartment. Plaintiffs also
              the notice was provided, the       installed the water heater.       pointed out that in each unit,
              water heaters had still not been   Intermountain Gas was             the water heater, air handler
              replaced.                          added as a defendant in an        and clothes dryer were located
                   The Complaint provided        Amended Complaint.                together in a small closet and
              Plaintiffs’ background “facts”          As noted above, Plaintiffs   that each air handler was
              on the heating systems in          alleged in the Complaint that     connected to a thermostat.
              the apartment units pointing       the property management           According to the Complaint,
              out that the heat source for       company gave written notice       the tenant in the subject
              the apartments was a water         to tenants about carbon           unit specifi cally informed the
              heater in each unit. In other      monoxide levels in some units     property manager several
                                                                                   times before the incident that
                                                                                   her apartment would get hot
                CONNECTIONS                                                        and stay that way even if she

                                                                                   turned the thermostat down or
                FOR AMERICA’S                                                      off. Plaintiffs alleged that the

                                                                                   air handler was defective in
                                                                                   that it failed to shut off when
                                                                                   the set room temperature was

               EN RGY                                                              reached causing the water
                                                                                   heater to continue to burn and
                                                                                   produce carbon monoxide
                                                                                   which vented into the air
                                    Max Johnson
                                    Supply & Asset Manager
                                    Southeast                                      handler intake and then into
                                    max.johnson@crestwoodlp.com                    the apartment unit.
                                    D: (816) 329.5316
                                    C: (913) 972.5721                                   Plaintiffs also asserted
                                    Yahoo ID: maxjohnson1248                       a number of allegations in
                                    ICE ID: mjohnson31
                                                                                   their Complaint along the
                                                                                   lines of the risks known to
                                                                                   the defendants before the
                                                                                   fatal incident including that
                                                                                   a “closed combustion gas-
                                                                                   fi red water heater” needed
                                                                                   suffi cient air for proper
                                                                                   combustion and venting
               Two Brush Creek Boulevard, Suite 200 • Kansas City, MO 64112


      16                                Alabama Propane Gas Association  |  November/December  2017
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