The family of a Florida man who died of gas asphyxiation from a pool heater has filed a lawsuit against multiple companies involved in the property’s construction and maintenance.
According to the lawsuit, which was filed in the Lee County Circuit Court on July 15, emergency responders discovered the bodies of Michael Dewitt, 57, and Jack Faler, 22, in a Fort Myers Beach home owned by Dewitt.
The lawsuit accuses the builder, HVAC company, and contractor associated with the home of wrongful death.
According to the lawsuit, a gaspowered pool heater was installed in the enclosed and attached garage, prohibited by the Florida Building Code, section 1602.2, which forbids the return air for a residential HVAC system to be taken from a garage, mechanical room, boiler room, furnace room, or unconditioned attic.
The lawsuit lists Joseph Orlandini and his company Orlandini Development; Stephen Sutter and his company SF Sutter Builder, LLC; and SFFC, LLC d/b/a The Property Medic as the defendants. Orlandini is the owner of the company that built the house, Sutter was the general contractor for the project, and The Property Medic installed the HVAC system.
A sheriff’s office report released at the time reported that a neighbor found the bodies first. After noticing a strong gas odor emanating from the home, the neighbor tried the front door and found it unlocked. He entered the home, discovered Faler, without a pulse and on the bed, and immediately called 911.
Arriving at the scene, first responders found Faler in the firstfloor bedroom and Dewitt on the floor of the upstairs shower.
According to the complaint, the defendants violated the Florida Building Code when they allowed recycled air to be delivered from the attached and enclosed garage into the living quarters of the subject residence through the HVAC system. They further violated Florida Building Code by failing to install detectors and alarms to warn of an invisible danger, the lawsuit states.
News reports citing the Lee County Sheriff's Office, stated that an investigation into the fatal gas leak on Fort Myers Beach stemmed from a “disconnected pool pump exhaust” located in an unpermitted enclosed structure beneath an elevated pool.
“TECO Gas utility.. responded and determined a disconnected pool pump exhaust, which led to the second story, outdoor pool, was the gas leak source,” the report stated.
The investigation deemed the deaths accidental but indicated that the placement of the equipment, which deviated from original plans calling for an outdoor location, suggested improper installation.
But the reports leave more questions than they do answers, particularly as pool pumps are not powered by gas. TECO gas declined to comment on the discrepancy.
WINK News, a CBS news affiliate, reported that Joe Orlandini said that he and Mike Dewitt were best friends for 20 years and that they worked on many construction projects together. According to the news channel, Orlandini said that Dewitt hired people to build the pool and install the equipment inside the home.
Orlandini said he wasn’t sure who or what company installed the equipment, but that it was their responsibility to obtain the necessary permits.
The home’s Certificate of Occupancy was revoked shortly after the men’s deaths. The building inspector stated that there was no permit on record for the pool, interior gas lines, or gas appliances.
“Therefore,” said Fort Myers Beach Building Inspector Joe Specht, “no inspections were officially performed for code compliant installation.
It is therefore assumed that the absence of proper inspections by Florida licensed inspectors created the unsafe condition.
As the Town of Fort Myers Beach Building Official, is my duty per Florida Building Code to not allow further occupancy until the building is brought into compliance through obtaining proper permits and therefore proper inspections.”
