Suntek Pools and Spas / In-ground swimming pool review: In-ground swimming pools too close to power lines 2

On 06/05/08, I entered into a contract with Suntek Pools & Spas (Suffolk License # 22, 706-H, Nassau License # H2804700000), hereafter referred to as Suntek, to install an in-ground swimming pool (priced at almost $30, 000) on my property. Permit # M04110 was obtained from the Town of Oyster Bay, Department of Planning and Development, Division of Building, to perform the work. During the pre-installation period, the Long Island Power Authority, a.k.a. LIPA, at my request, conducted a field investigation of the proposed swimming pool location. LIPA subsequently generated a report (Ref. # T100885064), dated 06/05/08, in which it outlined clearances required from the proposed in-ground swimming pool location to existing overhead power lines. Said report was provided to Suntek prior to excavation. Furthermore, consequent to the report, at a charge to myself, LIPA performed line work (rear property mid span tap to property line, Project # K05036, Activity # 1865), which modified my existing construction to obtain the aforementioned necessary clearances. After the LIPA line work was completed, Suntek began excavation and installation of the in-ground swimming pool. The pool was completed and operational in early August 2008. In the subsequent mandatory inspection process, specifically during the electrical underwriting certification, another requested LIPA survey (Ref. # T100936576) found that adequate clearances did NOT exist between LIPA overhead power lines and the installed in-ground swimming pool. The in-ground swimming pool installed by Suntek was in clear violation of the National Electric Safety Code (NESC). Following the LIPA report, Suntek was contacted on numerous occasions regarding the problem, and actions to be taken, recommended by LIPA, to rectify the problem. LIPA recommended one of the following two (2) actions to be taken: (1) re-install the pool away from the power lines so that all clearances are in conformance with the National Electrical Safety Code, or (2), perform line work, at a cost of $9, 444.49, which would modify my existing construction to help obtain the necessary clearances. Suntek has declined to take responsibility for failing to install the in-ground swimming pool according to code, and has stated that it will not take any steps to correct the problem.