These questions will get a lot of attention. I inserted responses below. -----Original Message----- From: [EMAIL PROTECTED] [mailto:[EMAIL PROTECTED] Behalf Of Greg McGahan Sent: Tuesday, March 20, 2007 12:03 PM To: [email protected] Subject: owners information certificate
Part A: What do we (as an industry) do when an owner completes the Owner's Information Certificate incorrectly to deliberately mislead an AHJ? Answer - If the building is empty and you've received written information that it will be something else, then the certificate may be accurate now but not accurate later. I think a letter to the owner would be sufficient - stating that the system design is based on X and any changes would require a reevaluation of the system. I use the term reevaluation rather than "fraud" or other stronger language. Someone else (like the attorney) can make these determinations. Part B: What do we do when they technically tell the truth as in building a warehouse that has no storage above 12' initially but they have every intention (because they tell you so) to store PODS 24' high after they get a CO? Answer - "Technically" telling the truth is actually telling the truth in my opinion. Do the same as in Part A. In your letter advise the owner to consult his attorney prior to changing the use to PODS. In your letter advise the owner to show your letter to his attorney when they meet. BTW, the reason I have been unsuccessful in convincing the owner of the proper level of protection is because there have 2 of these buildings built within 200 miles in the last few months and both of them had minimal systems. The installing contractor on one of the jobs told me that they were told the building was a spec warehouse and to protect it as an empty building and after they were done the owner would lease it to the PODS franchisee. His comment was "I don't know if that protects me or not" Answer - Have you actually seen the conditions 200 miles away? Your buddy's protection depends on what he told the owner about the system he installed and what he probably knew might happen. He should review Part A and B answers too. Legally? Morally I feel bound to walk away from this project but that just means that they will find someone else to do the job incorrectly and although there is no liability involved, there is still the knowledge that the building (Ord. Group II) will be grossly under protected. Answer - Why walk away? First of all you are dealing with a legal question and we probably aren't the right resource for your questions. The advice is worth what you pay for it. I know the argument that we are not police of the industry nor can we 2nd guess what the potential future occupancy of a building is or may be one day, but this is different and one of the 2 scenarios listed above is going to happen on this project. Answer - What happens when the first NFPA 25 inspection is made? (Not trying to open up that can of wiggling worms all over again) Thanks for your input, Greg Living Water Fire Protection, LLC 1160 McKenzie Road Cantonment, FL 32533 850-937-1850 Fax: 850-937-1852 _______________________________________________ Sprinklerforum mailing list [email protected] http://lists.firesprinkler.org/mailman/listinfo/sprinklerforum _______________________________________________ Sprinklerforum mailing list [email protected] http://lists.firesprinkler.org/mailman/listinfo/sprinklerforum
