RAYMARK AIR HEATING & REFRIG

RAYMARK AIR CONDITIONING & HEATING VS. TERRY MISHLER SC42C4007497 Mr. Humphrey COUNTER CLAIM CASE number SC42C4007497 Terry Mishler original case number SC42C4007469L One reason I could not continue my law suit against Mr. Mark Humphrey is because he was protected by the following. Civil Statute of Limitations on Fraud in Texas. Contractor invoiced me for a 95% furnace but installed a 90% furnace. Mr. Mark Humphrey owner of RAYMARK AIR CONDITIONING & HEATING INC. TACLA00010626C. Countersued me for HARASSMENT, MENTAL ANGUISH and CAUSING HIS BUSINESS TO SUFFER. I Paid Mr. Mark Humphrey $200.00 and agreed to never contact him again. Our air conditioning and heating system remains installed today having code violations. System installation can be seen by appointment. The 2003 International Residential Code, Amana installation instructions, Manual D., and other publications prove our system remains installed having code violations. Mr. Mark Humphrey wrote the following. ? Here are the photographs of the items ............................... ordered me to do? 75.71. Responsibilities of the Air Conditioning and Refrigeration Contracting Company. (New section effective August 1, 2006, 31 TexReg 5944) (b) A person or an air conditioning and refrigeration contracting company that performs air conditioning and refrigeration contracting shall: (1) provide proper installation and service and assure the mechanical integrity of all work and installations; (2) not misrepresent the need for service, services to be provided, or services that have been provided; and..... TDLR COMPLAINT Exhibit ?G? TDLR Mr. Lain first inspection AMANA Mishler 11-16-2010 Site review for Enforcement Division Prosecutor, Mike Cady ACR Program Specialist, John Lain ACR2010004298C/Mark Humphrey Complainant, Terry Mishler, 9834 Windemere Court, Humble, TX, 281-793-2294 Reference is to the 2003 International Residential Code as adopted by the city of Humble. An inspection was performed at 11:00 AM on Sunday, November 14, 2010 to determine if there were life safety issues or code violations with the installation. Installation details consist of an Amana AMV90704CXA, 90% condensing gas furnace installed in the attic connected to a Model CH60FCA cooling coil with a 16 SEER Amana RSG48C2A outdoor unit. M1202.1 Additions, alterations or repairs. Additions, alterations, renovations or repairs to a mechanical system shall conform to that required for a new mechanical system without requiring the existing mechanical system to comply with all of the requirements of this code. Additions, alterations or repairs shall not cause an existing mechanical system to become unsafe, hazardous or overloaded. Minor additions, alterations or repairs to existing mechanical systems shall meet the provisions for new construction, unless such work is done in the same manner and arrangement as was in the existing system, is not hazardous, and is approved. M1307.5 Electrical appliances. Electrical appliances shall be installed in accordance with Chapters 14, 15, 19, 20 and 33 through 42 of this code. Respondent failed to provide a cable fastener at the gas furnace. Page 21 of the instructions requires compliance with all codes. M1401.1 Installation. Heating and cooling equipment and appliances shall be installed in accordance with the manufacturer?s installation instructions and the requirements of this code. Respondent failed to install this system per the manufacturer installation instructions; specifically he exceeded the Total External Static Pressure. The gas furnace nameplate notes- Max ESP as .5. I measured .7 with a clean 4? filter. This is the maximum operating pressure to prevent premature compressor failure or heat exchanger failure due to inadequate airflow across the cooling coil and gas furnace heat exchanger. Respondent used the wrong type of PVC elbow on the furnace flue vent pipe which is a life safety issue. Page 13 of the installation instructions require a long radius elbow to allow for smooth, quick exhaust of the flue gases. Respondent used a short radius elbow. Respondent failed to install a P-trap in the primary condensate drain line as required on Page 6, Figure 3 instructions. M1401.3 Sizing. Heating and cooling equipment shall be sized based on building loads calculated in accordance with ACCA Manual J or other approved heating and cooling calculation methodologies. Respondent needs to provide a load calculation. Before my inspection, the attached garage was ducted with both supply and return ducts coming from the new 4 ton system. Respondent removed the ducts he had earlier installed by order of the city of Humble, Building Inspector because they are prohibited by code due to the possibility of carbon monoxide gases entering the home. M1601.1 Duct design. Duct systems serving heating, cooling and ventilation equipment shall be fabricated in accordance with the provisions of this section and ACCA Manual D or other approved methods. Respondent installed a 4 ton cooling capacity system back on a return duct system that is too small. The single hallway ceiling return grille is 24 X 20 and at the ACCA recommended velocity for return grilles of 500 feet per minute, this grille will only deliver 1153 cubic feet per minute of airflow when 1600 CFM is required. Additionally, Respondent has installed a 20? flexible duct which is not even listed on the Duct Size Calculator as provided by the Air Distribution Institute for sizing flexible duct. At 4% duct compression and at 800 feet per minute velocity, this installation would require two 16? flexible return ducts. This installation, when the return grill louver is properly closed in the grille frame, it is so noisy that the Complainant has to leave the louver open and hanging down in the hallway. The Mishler?s are small in height and do not hit their head walking beneath the grille. I have to bend over or I will hit my head on the grille with the 8 foot ceiling. Failed to provide proper installation, service, or mechanical integrity - 1302.401(b)(1), 75.70(a)(7), 75.70(d), 75.71(b)(1), On 8-25-2011 Mr. Humphrey text me a few minutes after our hearing (Excerpt) Terry I went back inside the court room to get names of witnesses. Other words were included. I don?t have knowledge of what he meant. CHRISTMAS night 12-25-2011 Mr. Humphrey text me plight, doom, sadness, christmas. I looked up the definations of these words......... 6-14-2012 Mr. Humphrey text me Wwrc.!@rr221. I have no knowledge what he means. Some photos have been added. The photos of flex duct installations are as they are installed today resulting in code violations. Regards, Terry Mishler P.O. Box 3634 Humble, Texas 77347