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

 

 

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