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From: <ajmarve@ba*.ne*>
Date: Sun, 01 Oct 2000 20:08:27 -0400
To: Scott <scottk@hc*.co*>
CC: Capt JT <captjt@mi*.co*>, techdiver@aquanaut.com,
     Trey
Subject: Re: clarification was: An the beat goes on and on
As far as legality, this is a dead nuts simple issue. any suit would allege that
the shop was negligent in the preparation of the mix if welding grade gas was
used and sold for use. to be negligent you must meet four tests: duty,
breach,proximate cause, and damage. the arguement would be that you had a duty
to use reasonable care and follow  "industry standard", that you breached this
duty, causing incident and injury.why this is the industry standard beats me,
but probably at one point when they created the standard they had a doctor
involved and that person suggested med grade gas.

in my garage there are no such issues however. personally i use  all welding
grade gas< he o2>, my supplier serves several divers and gets us clean weld
bottles, has no problem with what we do and home delievers gas and the various
bits and pieces for whips and such.for k's im payinng $25 for o2, 55 for he,
plus the 100 per year bottle deposit<refundable>  and 40 per year lease fee.
i
have used three ks he and 5/ ks of o2 since march, done about 100 dives since
then , but i also took the capt class this summer and  have been doing a lot of
shallow stuff w/ students this year.  I had beeen averagin $100 per weekend on
shop nitrox fills the last few years,those days are over.

next year i am planning on a haskel, so i wont have to waste the good stuff so
much.

its amazing how simple a 120 ft dive can be when you are perfectly clear headed
like on a 30 ft dive, i am averaging 3 min per tie in, where it used to take ten
or fifteen. i am remembering all the dive, and seeing a lot of bugs you air guys
are missing. i may even start taking lobster now, just to piss you guys off.

Al Marvelli

Scott wrote:

> JT wrote:
>
> > The
> > only
> > > draw back is what the shop has to pay for the He and then it is past on
> to
> > > the diver, if it was not for the "Lawyers" who would surely say it is
> > > unsafe in court to make a buck , everyone would be using welding gas.
>
> I think this is a bullshit issue, easily shot in the ass.
>
> As far as I know, there is no *law* saying you must use USP gas for diving,
> the Navy certainly doesn't. I have gas blender shingles from IANTD and TDI,
> and both texts suggest very strongly that USP be used, but I am aware of no
> legal requirement. I will concede right now that I could be wrong here, and
> if I am, would someone with the dope please post it, code and all.
>



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