If the contractor did not notify the owner immediately but did it weeks
later then he should be the one bearing the brunt of any disciplinary
action, not the owner.  Now if the Contractor can prove that the owner
was notified before the official report was issued then that's a
different story.  


Craig L. Prahl, CET
Fire Protection Group
Mechanical Department
CH2MHILL
Lockwood Greene
1500 International Drive
PO Box 491, Spartanburg, SC  29304-0491
Direct - 864.599.4102
Fax - 864.599.8439
[EMAIL PROTECTED]
http://www.lg.com


-----Original Message-----
From: [EMAIL PROTECTED]
[mailto:[EMAIL PROTECTED] On Behalf Of Smith,
David (VFD)
Sent: Thursday, May 03, 2007 3:59 PM
To: [email protected]
Subject: Responsibility to Notify of Systems Out of Service

I changed the subject heading but it's similar to the responsibility of
the contractor vs. client (property owner) discussed below.

We were recently notified (this morning) of a dry system in a building
that was tested a month ago. The copy of the report we got identified
that even after all of the air was drained, the valve did not trip. In
fact, the air compressor was smoking and ultimately quit by the time the
technician left. The report clearly states that the system would NOT
OPERATE in the event of a fire. 

The property owner just received copies of the report on Tuesday. They
are making repairs as I type. During the past month, it was business as
usual in the building. From what I know at t his point, there was no
fire watch, no records of an impairment coordinator, etc., as required
in Chapter 9 of the IFC. 

The owner has a clearly detailed process for systems being off during
working hours for another large building on the campus undergoing
renovations. The owner should have been clearly aware that they needed a
fire watch and that our office needed to be notified when the system was
determined to be inoperative (IFC 901.7). Given that they didn't during
this time, there will be code enforcement actions take upon the property
owner.

However, if the sprinkler contractor didn't notify the property owner of
the problem that day and just noted it on the report which was typed up
several days (or weeks) later --- or doesn't have a means to prove that
they notified the property owner, should the same code enforcement
actions be taken against the contractor?

IFC 901.7 doesn't specify who's responsibility it is to "immediately"
notify the fire department or fire official. However, IFC 901.7.1
clearly states it's the building owner's responsibility to assign an
impairment coordinator; but in this case the contractor is an agent of
the owner (operating under a contract). Further, NFPA 25 clearly states
it's the responsibility of the property owner to maintain the system.

Who's at fault? Property owner or contractor or both?

Regards,

David M. Smith, Deputy Fire Marshal
Vancouver Fire Department, Fire Marshal's Office 900 W. Evergreen Blvd.
Vancouver, WA 98660
360-759-4408 Phone
360-418-5619 Pager




 

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